90 Ct. Cl. 165 | Ct. Cl. | 1940
delivered the opinion of the court:
It will be seen from the findings that plaintiff seeks to recover the amount of $2,544.50 in addition to the compensation of $1,218 paid to him at the rate of $4,000 per annum for the duration of his appointment by the Attorney General of the United States as a special assistant to -the United States Attorney ■ at Chicago, Illinois. Plaintiff bases his claimed right to recover this amount upon an alleged agreement between himself and Dwight' Green, U. S. Attorney for the Northern District of Illinois, for compensation on a
On May 19, 1933, the United States Attorney at Chicago conferred with plaintiff with reference to having him appointed special assistant to the United States Attorney to assist in the extradition trial in the case of United States v. Insull. As a result, the United States Attorney recommended to the Attorney General the appointment of plaintiff and, on the following day, the United States Attorney advised plaintiff that he would be appointed and that compensation at the rate of $4,000 a year plus expenses of the trip to Greece had been fixed as his compensation. On May 22, 1933, the Attorney General appointed plaintiff a special assistant to the United States Attorney for the Northern District of Illinois with headquarters at Chicago and fixed the compensation at the rate of $4,000 a year. This appointment was in writing and was addressed to plaintiff in care of the United States Attorney at Chicago, Illinois. With this appointment there was enclosed an oath of office which plaintiff duly executed, all as set forth in finding 3. Plaintiff was not sent to Greece, and performed cer
Sec. 363. The Attorney General shall, whenever in his opinion the public interest requires it, employ and retain, in the name of the United States, such attorneys and counselors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel ithe amount of compensation, and shall have supervision of their conduct and proceedings.
Sec. 366. Every attorney or counselor who is specially retained, under the authority of the Department of Justice, to assist in the trial of any case in which the Government is interested, shall receive a commission from the head of such Department, as a special assistant to the Attorney General, or to some one of the district attorneys, as the nature of the appointment may require; and shall take the oath required by law to be taken by the district attorneys, and shall be subject to all the liabilities imposed upon them by law.
Under these provisions of law, there can be no doubt the Attorney General, and not the United States Attorney, is the appointive power and that plaintiff is bound by the terms of his appointment by the Attorney General. Plaintiff states that the letter of appointment by the Attorney General was not delivered to him, but the facts show that on the day the appointment was made the plaintiff was informed by the United States Attorney, upon advice received by him from the Attorney General, that he had been appointed and that his compensation had been fixed at the rate
Plaintiff is not entitled to recover and the petition is dismissed. It is so ordered.