United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Symonds, 120 U.S. 46 (1887)

United States v. Symonds

Submitted December 6, 1886

Decided January 10, 1887

120 U.S. 46

Syllabus

The sea pay given to officers of the navy by Rev.Stat. § 155G may be earned by services performed under orders of the Navy Department in a vessel employed, by authority of law in active service in bays, inlets, roadsteads, or other arms of the sea, under the general restrictions, regulations,

Page 120 U. S. 47

and requirements that are incident or peculiar to service on the high seas.

The authority of the head of an Executive Department to issue orders and regulations under directions of the President to have the force of law is subject to the condition that they conflict with no act of Congress, and an order by the Secretary of the Navy that a service shall not be a sea service which Congress has directed shall be a sea service is invalid.

This was an appeal from a judgment of the Court of Claims. The case is stated in the opinion of the Court.