Samuel Freeman Miller

“ Badeau received as consul general at London an annual salary of $7,500, and at Havana, $6,000, as fixed by law, and was expressly inhibited from receiving any additional salary, allowance, pay, or compensation for discharging the duties of any other office, unless expressly authorized by law, of which there is no pretense in this case. It has been decided that a person holding two offices or employments under the government, when the services rendered, or which might be required under them, were not incompatible, is not precluded from receiving the salary or compensation of both. ”

“ Notwithstanding section 1223, such officers, when in the diplomatic or consular service, may still be borne on the retired list, but cannot receive double compensation.
Nor can we disturb the judgment adverse to the counter-claim. As between individuals, where money has been paid under a mistake of law, it cannot be recovered back, but it is denied that this rule is applicable to the United States, upon the ground that the government is not bound by the mistakes of its officers, whether of law or of fact. ”

“ No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other department and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law. ”