Morrison Waite

“ Justice WOODS, 'the practice * * * finds no higher warrant or sanction in the act of 1835 than in the act of 1876.' Such being the case, it matters not what the practice of the departments may have been or how long continued, for it can only be resorted to in aid of interpretation, and 'it is not allowable to interpret what has no need of interpretation.' If there were ambiguity or doubt, then such a practice, begun so early and continued so long, would be in the highest degree persuasive, if not absolutely controlling, in its effect. ”

“ The operative words in the act of 1876 are, 'the sum of eight cents per mile shall be allowed;' and the act of 1835, 'for which ten cents per mile shall be allowed.' In Temple's Case it was said the language of the act of 1876 was so clear and explicit as not to be open to construction, and to our minds the same is true of the act of 1835. Under both acts all traveling expenses are to be paid by mileage, and there is not in either of them any indication of an intention of congress to make a distinction between travel by sea or on land, in foreign countries or in the United States. ”