United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Miller, 208 U.S. 32 (1908)

United States v. Miller

No. 90

Submitted December 16, 1907

Decided January 6, 1908

208 U.S. 32

Syllabus

Under §§ 1098 and 1261, Rev.Stat., and the opening clause of the Navy Personnel Act of March 13, 1899, 30 Stat. 1004, a naval officer assigned to duty on the personal staff of an admiral as flag lieutenant, without any other designation, is an aide to such admiral, and entitled to the additional pay of $200 allowed to an aide of a major general in the Army.

41 Ct.Cl. 400 affirmed on this point.

Page 208 U. S. 33

Under § 1262 and the Act of June 30, 1882, 22 Stat. 118, an aide to an admiral is not entitled to have his longevity pay calculated upon the additional pay which he receive as aide, that being under § 1261, Rev.Stat., an allowance in addition to, and not a part of, the pay of his rank.

41 Ct.Cl. 400 reversed on this point.

The facts, which involve the construction of §§ 1098 and 1261 of the Revised Statutes, and the opening clause of the Navy Personnel Act of March 13, 1899, are stated in the opinion.