Melville Fuller

“ That when the findings of fact and the law applicable thereto have been filed in any case, as provided in section six of this act, and the judgment or decree is adverse to the government, it shall be the duty of the district attorney to transmit to the attorney general of the United States certified copies of all the papers filed in the cause, with a transcript of the testimony taken, the written findings of the court, and his written opinion as to the same; whereupon the attorney general shall determine and direct whether an appeal or writ of error shall be taken or not ”

“ The government contended that the lowest grade having graduated pay held by him was that of master, masters being entitled to graduated pay under the act of 1870; but it was held that this view was incorrect, and that the act of 1883 referred to the lowest grade having graduated pay held by the officer after the act providing for graduated pay took effect. Rockwell had ceased to be a master for nearly two years before the act in respect to graduated pay was passed, and consequently that act became operative as to him when he was holding the rank of lieutenant. ”

“ Philbrick, 120 U.S. 52, 58, [1] where the 'power of the secretary to establish rules and regulations for the apportionment of the sums set apart by congress, in gross, for such objects as those involved in the allowances here in dispute,' was sustained. ”