UNITED STATES SUPREME COURT DECISIONS ON-LINE

The act of Feb. 26, 1867, 14 Stat. 410, abolishing a former collection district in Maryland and forming from a portion thereof a new district, provides that the collector "shall receive an annual salary of $1,200." A. held the office of collector from April 19, 1867, until April 1, 1875. On July 18, 1867, the Commissioner of Customs required him, in writing, to account for all fees received by him as such. He accordingly thereafter paid them into the Treasury.

Held:

1. That in addition to his salary, A. was entitled to the fees and emoluments allowed to such officers by preexisting legislation.

2. That having paid them into the Treasury pursuant to a peremptory order of his superior officer, he was not thereby precluded from recovering them in a suit against the United States.

The facts are stated in the opinion of the Court.