Evans v. United States
Headline: Court upholds denial of extra pay to a federal disbursing clerk, ruling he cannot get separate compensation for added disbursement duties while holding paid federal offices.
Holding: The Court held that a government disbursing clerk who was ordered to do extra disbursement work cannot be paid separate compensation because the law forbids additional pay for duties that are not a separate office.
- Prevents federal employees from getting extra pay for additional duties unless law permits.
- Affirms accounting officers’ authority to refuse unauthorized payments.
- Requires explicit congressional authorization in appropriations for special compensation.
Summary
Background
The case involves a government disbursing clerk who also served as chief of a division in the Interior Department and as disbursing clerk for the Architect of the Capitol. He was paid $2,000 a year in one job and $1,000 in the other. The Secretary of the Interior appointed him on August 10, 1901 to act as a special disbursing agent for large appropriations for hospital construction, and later instructed him to disburse additional appropriations in 1903 and 1904. He gave bonds, performed the duties, and disbursed $1,410,761.87. He submitted a claim for $5,290.36, but Treasury accounting officers refused payment, citing statutes that bar extra compensation unless expressly authorized and noting that his existing emoluments exceeded $2,500 a year.
Reasoning
The Court examined three adjacent sections of the Revised Statutes and asked whether the Secretary’s appointment created a separate office or merely required extra work. The Court concluded the appointment did not create a new, separate office but was an order to perform additional disbursement services. Under section 1765 of the Revised Statutes, payment for such extra services is forbidden unless the law and the appropriation explicitly authorize extra pay. The Court relied on prior authority and held that the statutory prohibition applied even though it was understood he would receive extra pay. The lower Court’s dismissal of his claim was therefore affirmed.
Real world impact
This decision means federal employees ordered to perform extra disbursement duties cannot collect separate compensation unless Congress or the appropriation explicitly allows it. Government officials and accounting officers may deny similar claims. The ruling clarifies that labels like “special disbursing agent” will not alone create a new paid office.
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