United States v. Rider - 261 U.S. 363 (1923)


U.S. Supreme Court

United States v. Rider, 261 U.S. 363 (1923)

United States v. Rider

No. 510

Argued February 23, 1923

Decided March 19, 1923

261 U.S. 363

Syllabus

1. The Act of June 15, 1917, c. 29, 40 Stat. 188, in making a deficiency appropriation for "pay at $100 per month for enlisted men in training for officers of the Reserve Corps," intended merely to abolish the discrimination existing between the pay then allowed enlisted men and that allowed civilians training in like circumstances; it was not a fixing of base pay. P. 261 U. S. 367.

2. Consequently, a first class private in the Aviation Section of the Signal Enlisted Reserve Corps who, before this act, received $33 per month as base pay and 50% additional for flight duty, under the Act of July 18, 1914, c. 186, 38 Stat. 516, was not entitled to any allowance for such duty in addition to the monthly pay of $100. Id.

3. This provision for $100 pay was not continued beyond June 30, 1918, the limit of the Act of June 15, 1917, supra, making the appropriation. P. 261 U. S. 368.

57 Ct.Clms. 323 reversed.

Appeal from a judgment of the Court of Claims allowing in part a claim for additional Army pay.

Page 261 U. S. 364



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