Clemons v. Nolting

JOHNSON, J.:

This is an original action commenced in the Supreme Court for the writ of mandamus. Its purposes to compel the respondent "to countersign or cause to be countersigned the original warrant, a copy of which is set forth in paragraph 10 of the complaint, and to deliver the same to the plaintiff so that he may present it to the Treasurer of the Philippine Islands and receive payment thereon in the sum of P73.33, an amount which is alleged to be due him by the Government of the Philippine Islands." The cause was submitted to the court upon the following stipulated as facts: 1.

That plaintiff is a citizen of the United States, temporarily residing in the city of Manila, Philippine Islands. 2. That defendant, William T. Nolting, is the duly appointed, qualified and acting Auditor of the Government of the Philippine Islands.

3. That on June 18, 1920, the Honorable Charles E. Yeater, then Acting Governor-General of the Philippine Islands, cabled the Secretary of War of the United States, of Washington, D. C., as follows: Appointed as early as possible after June 30th, 1920, John Deering and Robert S. Clemons each to position mechanical and electrical engineer, effective the date of departure from residence, under special contracts to expire December 31st, 1921. Straight salary $4,000 per annum, with transportation from residence to the Philippine Islands and return, without civil service privileges.

Advance transportation and request them to sail first available vessel. 4. That in accordance with the authority contained in the said cablegram, above cited, the Secretary of War, through the Bureau of Insular Affairs, employed plaintiff on behalf of the Government of the Philippine Islands, and under date of August 6, 1920, wrote plaintiff, confirming the agreement entered into, as follows: WAR DEPARTMENT BUREAU OF INSULAR AFFAIRS WASHINGTON,August 6, 1920.

Major, R. S. CLEMONS, Air Photo Detachment, Tucson, Arizona. Sir: In accordance with specific authority contained in a cablegram from the Governor-General of the Philippine Islands, dated June 18, 1920, you are hereby provisionally appointed to the position of electrical and mechanical engineer in the Philippine Bureau of Public Works, under special contract to expire December 31, 1921, at a straight salary of $4,000 per annum. This appointment is effective as of date of departure from your residence.

You will be furnished transportation from your place of residence in the United States to the Philippine Islands and return upon the completion of the contract period, but you will not be entitled to civil service privileges of leaves, etc. Upon your arrival in Manila you should report at the office of the Director of Public Works. Kindly acknowledge your acceptance of this appointment by signing the inclosed copy hereof and returning it to this bureau at once.

We are unable at this time to give you definite information concerning the date of the vessel on which we will be able to secure accommodations for you, but you will be advised by wire as soon as a reservation is obtainable. Very respectfully, CHAS. C. WALCUTT, JR., Assistant to Chief of Bureau.

Incl.: Copy of this letter. 5. That plaintiff received the letter set forth in the paragraph next preceding, at Tucson, Arizona, and immediately replied in writing, accepting employment by the Philippine Government under the terms of the said letter, and promptly sailed for Manila and entered upon and is still engaged in the discharge of his duties in Bureau of Public Works of the Insular Government of the Philippine Islands under the terms of the said contract.

6.

That on the 1st day of February, 1921, at the rates of exchange then prevailing as fixed by the Insular Government of the Philippine Islands, the equivalent of $333.33, United States currency, in Philippine currency was P739.99, and no sum of money in Philippine currency less than P739.99 would at that time purchase $333.33 in United States currency. 7. That on or about the 1st day of February, 1921, the chief accountant of the Bureau of Public Works of the Government of the Philippine Islands tendered plaintiff a warrant on the Treasurer of the Philippine Islands in the sum of P666.66, Philippine currency, in full payment of his salary for the month of January, 1921.

8. That plaintiff declined to accept the said sum in full discharge of his January, 1921, salary, but insisted that under his contract with the Philippine Government he was and is entitled to receive each month as compensation for his services the sum of $333.33 in United States currency, or a sum in Philippine currency sufficient to enable him to purchase the sum of $333.33 in United States currency at the rates of exchange prevailing on the date of each payment, and demanded that he be paid an additional sum of P73.33, which, with the sum of P666.66, would be the equivalent at the then prevailing official rates of exchange of the sum of $333.33, United States currency. 9.

That the said chief accountant of the Bureau of Public Works, notwithstanding plaintiff's demand, declined and refused to issue plaintiff a warrant for the payment of his January, 1921, salary in any sum in excess of the sum of P666.66, whereupon plaintiff accepted the said sum of P666.66, under protest, and as constituting only a partial payment of his salary for the said month of January, 1921. That plaintiff insistently continued his demands upon the chief accountant of the Bureau of Public Works for a warrant on the Treasurer of the Philippine Islands for the payment of the sum of P73.33 to complete the payment of plaintiff's salary for January, 1921, whereupon the said chief accountant, on August 8, 1921, upon such demand, issued in favor of plaintiff a warrant on the Treasurer of the Philippine Islands in words and figures as follows, to wit: No. 833906. THE GOVERNMENT OF THE PHILIPPINE ISLANDS.

TO ROBERT S. CLEMONS, C/o Design. Division, B. P. W. "Date, Aug. 8, 1921.

Dr. "Appropriation, Bureau of Public Works. P73.33. Aug.

8, 1921. For premium on P666.66 Jan.salary of Maj. Robert S. Clemons at the rate of 11% to cover the difference between dollars and Philippine currency.

Dr. Cr. 5-E-g 14594 Job C-4 73.33