Joseph McKenna

“ In other words, whether the exceptions of those years of those special places shall prevail over the substantive provision of the act of June 30, 1902, supra, which is explicit, of enduring effect, and is besides comprehensive of all foreign stations, its language being: 'That hereafter the pay proper of all commissioned officers . . . serving beyond the limits of the states . . . shall be increased ten per centum. . . .'
The government contends for the exceptions as constituting new law, not as a temporary condition under an old one. ”

“ It would be extreme to say that by making them Congress considered that it had established a policy which could be confidently referred to as having the status and effect of permanent law.
The exceptions it is to be remembered, were in appropriation acts, and no words were used to indicate any other purpose than the disbursement of a sum of money for the particular fiscal years. This court has had occasion to deal with such instances of legislation and their intended effect on existing law. In United States v. Langston, 118 U.S. 389, 394, 30 L. ed. 164, 165, 6 Sup. Ct. Rep. ”

“ The ruling in the Langston and Minis Cases is not opposed by the cases cited by the government. In all of them there was something more than the mere omission to appropriate a sufficient sum. There were expressions indicating a broader purpose. ”