Allison v. United States
Allison v. United States
Opinion of the Court
delivered the opinion of the court:
Allison was an employé in the Government Printing Office from June 30,1866, to June 30, 1867, and, in this suit, claims additional compensation for his services in consequence of the Joint Resolution February 28, 1867. (14 Stat. L., 509.) He contends that the Government Printing Office was, during the fis
The Department of the Interior is one of the executive departments of the Government. (Rev. Stat., § 437.) It was made so March 30,1849. (9 Stat., 395.) It is specially charged with the supervision of certain executive bureaus. Its present jurisdiction is defined in section 441, Revised Statutes. The Government Printing Office has never been placed under its jurisdiction by any express statute.
On the 26th August, 1852, Congress passed an act entitled “An act to provide for executing the public printing and establishing the prices thereof, and for other purposes.” (10 Stat. L., 30.) It is only necessary to say of this act, that it provided for the appointment of a superintendent of public printing, and that he was to give an official bond to be approved by the Secretary of the Iuterior. His duties were carefully defined, and he was made in fact, what his name implies, the superintendent of the public printing by the public printers. These public printers were, at that time, appointed by the two houses of Congress ; each house appointing its own.
On the 23d of June, 1860, a joint resolution was passed by Congress “inrelation to the public printing.” (12 Stat. L., 117.) This resolution dispensed with the public printers appointed by the two houses of Congress and placed the whole subject of public printing in charge of the superintendent. In the language of the resolution (sec. 2) he was “ to superintend all the printing and binding, the purchase of paper, * * * the purchase of other necessary materials and machinery, and the employment of proof-readers, compositors, pressmen, laborers, and other hands necessary to execute the orders of Congress and of the executive and judicial departments at the city of Washington.” To enable him more effectually to perform his duties he was to appoint a foreman of printing and a foreman of binding. These foremen were required to report to' him and to furnish him their estimates of the amount and kind of material required. He furnished them their supplies, for which they accounted to him. He was also to report to Congress at the beginning of each session the number of hands employed and the length of time each had been employed. And by section 9 it was made his duty to report to Congress “the exact condition
The commissions of all officers under the direction or control of the Secretary of the Interior must be made out and recorded in the Department of the Interior, and the seal of the Department must be affixed thereto. (10 Stat. L., 297, § 3.) The court below has found as a fact that “in 1867 the commission of the Superintendent of Public Printing was made out and recorded in the Department of the Interior, and the seal of the Department affixed thereto, pursuant to the provisions of” this act. It nowhere appears that any act of Congress expressly required this to be done; neither does it appear at what time in the year 1867 this commission was issued or recorded.
On the 22d February, 1867, Congress passed an act entitled “An act providingfor the election of the Congressional Printer.” By this act the Senate was to elect some competent person “to take charge of and manage the Government Printing Office.” He was given the same powers as the Superintendent of Public Printing. From and after the election of the Congressional Printer the office of Superintendent of Public Printing was abolished. (14 Stat. L., 397.) The Senate elected a Congressional Printer in pursuance of this act February 26, but he did not take possession of his office until March 1, and the Superintendent continued to act until that time. The Superintendent was acting on the 28th of February, when the resolution under which Allison claims was passed.
In Manning’s Case (13 Wall., 578; 7 C. Cls. R., 294) it appeared that the guards of the jail in the District of Columbia were selected by the warden, but that their compensation was fixed and paid by the Secretary of the Interior. It also appeared that the whole subject of the jail was under the supervision of the Secretary, to whom the warden was required to report. Under these circumstances we held that theoffice of the warden of the jail was a bureau or division of the Department of the Interior.
In our opinion his employés, as they are not specially enumerated, are not included in the resolution of February 28, 1867, and on that account this claim cannot be maintained.
The view we have taken of this case makes it unnecessary to consider the effect of the election of a Congressional Printer on the 26th February, 1867.
The judgment of the Court of Claims is reversed, and the cause remanded with instructions to dismiss the petition.
Reference
- Full Case Name
- William Allison v. United States
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- The Twenty per cent. Resolution, February 28, 1867, (14 Stat. L., p. 569,) extends to employés in the executive departments, hut not to employés in the legislative branch, of the Government. An employé of the Government Printing Office brings suit for the twenty per cent, on the ground that the Superintendent of Public Printing was an executive officer,, and his office a bureau of the Inteiior Department. The court below being inclined to dismiss the case, but having in view the radically different constructions given to the resolution by it and the Supreme Court, tvithholds a final decision and renders judgment pro forma for the claimant. The defendants appeal. I. The Superintendent of Public Printing was not under the control'of any one of the executive departments. Neither had the Secretary of the Interior control over the employment of men in the Government Printing Office, nor could he fix their wages, nor supervise the action of the Superintendent in that regard, nor pay them, nor control the funds out of which they were paid. The Superintendent’s office was to a certain extent an independent department, partly under the Secretary of the Interior, partly under the Secretary of the Treasury, but more responsible to Congress than to any other authority. II. The Government Printing Office not being a bureau or division of an executive department, nor specially enumerated in the Twenty per cent. Resolution February 28, 1867, (14 Stat. L., p. 569,) the employés therein arc not entitled to the increase given by the resolution.