United States Supreme Court Cases & Opinions

U.S. Supreme Court

Glavey v. United States, 182 U.S. 595 (1901)

Glavey v. United States

No. 236

Argued April 11-12, 1901

Decided May 27, 1901

182 U.S. 595

Syllabus

When an office with a fixed salary has been created by statute, and a person duly appointed to it has qualified and entered upon the discharge of his duties, he is entitled, during his incumbency, to be paid the salary prescribed by statute.

Such an appointment is complete when duly made by the President and confirmed by the Senate, and the giving of a bond required by law is a mere ministerial act for the security of the government, and not a condition precedent to his authority to act in performance of the duties of the office.

As the act of 1882 created a distinct, separate office, with a fixed annual salary for the incumbent, to be paid by the Secretary of the Treasury; as the plaintiff was legally appointed thereto, by the Secretary under and by virtue alone of that act, and as he entered upon the discharge of the duties appertaining to that position, he was entitled to demand the salary attached by Congress to the office.

The case is stated in the opinion of the Court.

Page 182 U. S. 596