Overview
Case summary
This case involves an appeal by the United States from a judgment of the Court of Claims in favor of John C. Delaney, who sought compensation as register and receiver of the newly established land office at Oklahoma city from July 18 to September 1, 1890. The land office was created by executive order on June 6, 1890, and Delaney was appointed receiver on June 23, 1890, qualifying on July 7, 1890. He arrived at Oklahoma city on July 18, 1890, and performed various preparatory services—including conferring with officers from other districts, preparing notices, overseeing office preparation, and transferring records—until the office formally opened for business on September 1, 1890. The United States argued compensation should only begin on September 1, while Delaney claimed it began on July 18. The Supreme Court affirmed the Court of Claims, holding that Delaney entered upon the discharge of his duties on July 18, 1890, because the preparatory services were official in nature and necessary for the establishment of the new office, constituting part of his official duties under Section 2243 of the Revised Statutes.
Abstract
The United States appealed a judgment awarding compensation to a receiver appointed to a newly established land office for services performed prior to its formal opening. The receiver claimed compensation from his arrival date when he began preparatory work such as conferring with officers, preparing notices, and setting up the office, while the government argued it should start only from the opening date. The Supreme Court affirmed that these preparatory services were official duties entitling the receiver to compensation from his arrival.
Opinion of the court
opinionMr. Justice Peckhamjoined by Court
- Preparatory services for newly created office are official duties
- Entry upon duties occurs when official services begin, not when office formally opens
- Salary and commissions both commence when duties begin, but may be earned at different times
Jurisdiction
not challenged- Appeal from the Court of Claims
Procedural posture
- Right to compensation as register and receiver from July 18 to September 1, 1890
Legal categories
Case record
Issues & holdings
de novo
Services performed were official in nature and necessary for establishment of new office
Issue preserved for review
Holdings of the court
Statutory interpretation
1Standards of review
- Interpretation of when claimant entered upon discharge of duties under Section 2243 of Revised Statutes — de novo Question of statutory interpretation and application to facts
Timeline
Procedural path
Land office at Oklahoma city established by executive order of the President
Creation of new land office
John C. Delaney appointed and commissioned as receiver of public moneys at Oklahoma city
Official appointment
Delaney qualified by taking oath of office and giving bond required by law
Formal qualification for office
Commissioner of General Land Office verbally directed Delaney to go to Oklahoma to prepare to open office
Official instructions to begin duties
Delaney left Harrisburg, Pennsylvania for Oklahoma city
Commencement of travel to duty station
Delaney arrived at Oklahoma city and began performing preparatory services
Date claimant argues he entered upon discharge of duties
Commissioner of General Land Office wrote to Delaney directing transfer of records and preparation for opening office
Written confirmation of duties
Land office formally opened for transaction of public business
Date United States argues duties commenced
Facts & evidence
Incident
Key facts
5 facts- Land office at Oklahoma city established by executive order on June 6, 1890
- John C. Delaney appointed receiver on June 23, 1890, qualified on July 7, 1890
- Delaney arrived at Oklahoma city on July 18, 1890
- Office formally opened for business on September 1, 1890
- Delaney performed preparatory services from July 18 to September 1, 1890
Disputed questions
- Whether Delaney's services from July 18 to September 1, 1890 constituted entering upon discharge of duties as register and receiver
Procedural history
2 steps- Court of Claims found for Delaney
- United States appealed to Supreme Court
Evidence in the record
- Findings of fact by Court of Claims describing services performed
- Executive order establishing land office (June 6, 1890)
- Commission appointing Delaney (June 23, 1890)
- Letter from Commissioner of General Land Office (July 18, 1890)
- Published notice of office opening
Authorities
Cited authorities (1)
Statutes
- Section 2243, Revised Statutes (compensation of registers and receivers)
Standards & doctrines
- De novo review of statutory interpretation
Legal principles applied
- Services necessary to prepare a newly created office are part of official duties
- Statutory interpretation based on practical necessities of office establishment