United States Supreme Court Cases & Opinions

U.S. Supreme Court

Booth v. United States, 291 U.S. 339 (1934)

Booth v. United States

No. 656

Argued January 17, 1934

Decided February 5, 1934*

291 U.S. 339

Syllabus

1. A district or circuit judge of the United States who retires pursuant to § 260 of the Judicial Code, as amended, continues in office within the meaning of § 1 of Art. III of the Constitution, and his compensation may not be diminished. P. 291 U. S. 348.

2. In the light of the evident purpose of the Act that a retiring judge shall continue to hold office and perform official duties, its provision for the appointment of a "successor" cannot be construed as vacating the office. P. 291 U. S. 351.

3. A diminution after an increase of compensation, even though not a reduction below the rate at date of appointment, is a diminution within the meaning of § 1 of Art. III. P. 291 U. S. 352.

Certificates from the Court of Claims in two cases involving the validity of an Act reducing the pay of retired federal judges.

Page 291 U. S. 346