Owen J. Roberts

“ In settling petitioner's accounts for transportation so furnished, or in adjusting those previously settled, the United States, through its disbursing officers, made or required petitioner to make certain deductions from the amounts due at regular commercial fares, on the ground that the persons transported were troops of the United States within the meaning of the applicable land grant laws, appropriation acts, and land grant equalization agreements. ”

“ The narrow question presented for decision is whether engineer officers cease to be members of the military forces or 'troops of the United States' when they are assigned to duty in connection with the improvement of rivers and harbors or the work of the California De bris Commission. ”

“ The Court of Claims held the view that as respects engineer officers employed in the capacities mentioned the government was entitled to the deduction of 50 per cent. under the terms of the land-grant acts and appropriations pursuant thereto and other deductions under the equalization agreement and joint military arrangements. For the reasons given we are of the contrary opinion, and accordingly reverse the judgment of the Court of Claims and remand the cause for further proceedings in conformity herewith. ”