Kirker v. United States

Decided March 29, 1886

United States Court of Claims · decided 1886-03-29

The Reporters’ statement of the case: The single statutory question involved in the case was raised by demurrer to the claimant’s petition. The only question here is whether provost-marshals were officers of volunteers. They were appointed by the President under the Act 3d March, 1863 (12 Stat.

Decided 1886-03-29

Nott, J.,

¶1delivered the opinion of the court:

¶2The right of provost-marshals to thé three months’ pay given to certain officers of volunteers by the Act 3d March, 1865 (13 Stat. L., § 4, p. 497), is so questionable that the cour t does not feel at liberty to overturn the construction which has been given to the act by the executive branch of the Government for a great length of time, and which has been left undisturbed by Congress while legislating in regard to the same officers.

¶3The judgment of the court is that the petition be dismissed.