« PreviousContinue »
Opinion of the Court.
aries for public officers; and when it declared that for the purpose of carrying into effect the provisions of the act of 1882 the Secretary of the Treasury “shall appoint officers to be designated as special inspectors of foreign steam vessels, at a salary of two thousand dollars per annum each,” it was not for the Secretary to make the required appointments under a stipulation with the appointee that he would take any less salary than that prescribed by Congress. The stipulation that Glavey, who was local inspector, should exercise the functions of his office of special inspector of foreign steam vessels “ without additional compensation" was invalid under the statute prescribing the salary he should receive, was against public policy, and imposed no legal obligation upon him. And the mere failure of the appointee to demand his salary as such officer until after he had ceased to be local inspector, was not in law a waiver of his right
a to the compensation fixed by the statute. The judgment of the Court of Claims is reversed, and the cause
is remanded for further proceedings consistent with this opinion.
The CHIEF JUSTICE, MR. JUSTICE Brown, MR. JUSTICE PECKHAM and MR. JUSTICE MCKENNA dissented.
Decisions announced without Opinions.
DECISIONS ANNOUNCED WITHOUT OPINIONS DUR
ING THE TIME COVERED BY THIS VOLUME.
That "time" was only two days, May 27 and May 28, and the “decisions announced” are all stated in Volume 181, viz.: No. 389 on page 616, and Nos. 671, 674, 665, 678, 683, 581, 635, 672, 680, 694, 697 and 703, on pages 621, 622 and 623.
SUMMARY STATEMENT OF BUSINESS OF THE SU
PREME COURT OF THE UNITED STATES FOR OCTOBER TERM, 1900.
Original Docket. Number of cases,
19 Number of cases disposed of,
9 Leaving undisposed of
303 401 704 368
Showing an increase of
United States are engaged in the coasting trade in the sense in which
ship Co., 392.
sels inward and outward bound to and from the port of New York by
pagnie Générale Transatlantique, 406.
Aicted exclusively by negligence of a pilot aceepted by a vessel com-
time prior to that Pirie & Co. had dealt with them, selling them mer-
they still hold. Pirie v. Chicago Title & Trust Co., 438.
person shall be deemed to have given a preference if, being insolvent,
3. When the purpose of a prior law is continued, its words usually are, and
an omission of the words implies an omission of the purpose. Ib.
cure equality of distribution among all, of the property of the bankrupt.
arising under subdivision b, and allows a set-off, which might not be
CASES AFFIRMED OR FOLLOWED.
eral appraisers. Goetze v. United States, 221.
United States v. Parker, 120 U. S. 89, shown. Jacobs v. Marks, 583.
CONCURRENCE IN JUDGMENT, BUT NOT IN OPINION.
Bidwell, MR. JUSTICE BROWN delivered an opinion. MR. JUSTICE
against a collector of customs for duties exacted and paid under pro-
provision of the Constitution which declares that “all duties, imposts,
and excises shall be uniform throughout the United States." Ib.
tion as go to the very root of the power of Congress to act at all, irre-
the United States, or among the several States. Ib.
legislative departments of the Government, upon a clause in the Con-