Samuel Freeman Miller

“ This demand is founded on the law which gives to the weighers and measurers, holding office as such by the usual appointment, a salary of $2,000 per annum, in which, of course, Sundays are disregarded. Counsel for the government contends that his letter of appointment, naming him as 'occasional weigher and measurer,' to be paid at the rate of $2,000 per annum 'when employed,' justified payment at that rate only for the days when he was in actual service. ”

“ If this was the case of a person employed by a bank, a railroad company, or in any large business requiring many persons for its service, the case would admit of no argument. We think it equally plain in the present case. ”

“ He makes out in his own name, 'for [his] my services as occasional weigher' 'for one month, Sundays excepted,' his bill, with the sum fixed on that basis, and accepts and signs a receipt for it, and this he does every month for 10 years. ”