Show BAD FOR BADEAU Grants Biographer Cannot Draw Salaries for Two Offices AT lIE BERLIN CONFERENCE The German Commissioners Count Bismarck to Preside A Leading Colo Tie Paper on Our Representatives WASHINGTON April 15Au opinion was rendered by the supremo court of the United States today in the case of Adam Badeau appellant vs the United States THIS WAS A SUIT BltOUGHT by Badeau in the court of claims for pay asa as-a retired captain in the army from April 2S 1870 to September 10 1SS1 during which time he was consulgeneral to London Lon-don and from November 251SS2 up to the date of the filing of the suit during which time he was consulgeneral at Ravenna The United States filed a counter claim stating that Badeau was indebted to the United States for money erroneously paid him as an army officer for portions of the period from December 31SG9 to October 31 1SS2 The court of claims by a divided court dismissed both claims The supreme court dismissel holds that General Badeau while drawing his salary as consulgeneral was expressly inhibited from receiving any additional compensation for discharging the duties of any other office I is true the court says that it has been decided that a person holding hold-ing two offices or employments under the government when the services rendered or which might be required of them were not incompatible is not precluded from receiving receiv-ing the salary or compensation of both but tho treasury department did not apparently within that exception regard this case as falling ception and the court macE WITH THAT COXCLUSIOX It is held though under the act of 1S75 that certain army officers may hold diplomatic diplo-matic or consular appointments without being held to thereby resign their places in them to the army This does not entitle pay ary as army officers when they are absent from their country in the discharge of continuous con-tinuous official duties consistent with subjection sub-jection to the military rules Such officers though they may still be borne on the retired re-tired list cannot receive double compensation compensa-tion The court also refuses to disturb the judgment of the court of claims adverse to the counter claim of the United States I he wasnot an officer in law he was serving as such in good faith and no reason is seen why he should be required to return what was paid him while he was discharging duty as an army officer Opinion by Chief Justice Fuller |