Charles Evans Hughes

“ Certainly, the question was one calling in the first instance for the practical judgment of the Department. Numerous regulations, for a very long period of years, have shown the desire to prevent abuses in the service by unwarranted details to 'extra duty' as a basis for extra pay. The regulation, above quoted, that enlisted men of the several staff departments will not be detailed on extra duty without authority from the Secretary of War, is significant in this aspect. ”

“ Major and Surgeon, U.S. Army, Commanding Hospital.
The government insists that there is no statutory authority for extra-duty pay to enlisted men of the Medical Department of the Army, that the right of recovery is denied by the Army Regulations and by statute, and that the claimant did not perform extra duty. ”

“ That the pay of privates of the Hospital Corps shall be eighteen dollars per month, with the increase on account of length of service as is now or may hereafter be allowed by law to other enlisted men. ”

“ They shall perform duty as ward masters, cooks, nurses, and attendants in hospitals, and as stretcher bearers, litter bearers, and ambulance attendants in the field, and such other duties as may by proper authority be required of them. ”

“ They are not entitled to extra-duty pay for services rendered in their respective departments.' Army Regulations (1895) 167; (1901) 185. And the statute which the government cites (Rev. Stat. § 1235, Comp. Stat. 1913, § 2007) provides that detail for employment in 'constant labor' shall be 'only upon the written order of a commanding officer, when such detail is for ten or more days.' We agree with the contention of the claimant that the regulation can have force only so far as it may be deemed to be in accord with the acts of Congress ”