
    PAUL H. CALONGNE v. THE UNITED STATES.
    [No. 32023.
    Decided January 26, 1914.]
    
      On the Proofs.
    
    The plaintiff, on the 14th day of May, 1907, was appointed a paymaster’s clerk in the Navy, and was assigned to duty. The accounting officers refused to allow him pay from October 21, 1908, to December 1, 1908, holding that he was entitled to pay only to October 21, 1908, the time limit fixed by law for the settlement of accounts. The plaintiff, after completing his duties, returned to his home, arriving there December 1, 1908.
    I. Where it appears that the order was to “proceed to your home in the United States, and, upon your arrival at your home, your appointment as paymaster’s cleric in the Navy is revoked,” such paymaster’s clerk is entitled to compensation until he arrives at his home under the decision in the case of JDavis v. The United States, 47 O. Cls., 195.
    
      The Reporter's statement of the case:
    The following are the facts of the case as found by the court:
    I. The claimant, Paul H. Calongne, was on the 14th day of May, 1907, appointed a paymaster’s clerk in the United States Navy and assigned to duty with Assistant Paymaster Francis J. Daly, United States Navy, on duty on U. S. S. Cleveland, as pay officer of that vessel.
    On October 1, 1908, the following order was issued to claimant:
    « Oefice oe Third Squadron Commander,
    
      “ United States Pacific Fleet,
    “ U. S. S. ‘ Rainbow,’ Flagship,
    
      “ Cavite, P. /., October 1,1908.
    
    “Sir: 1. You are hereby detached from duty on board the U. S. S. Cleveland, and from such other duty as may have been assigned you, and will report to the commandant, naval station, Cavite, for duty in connection with settling the accounts of Assistant Francis J. Daly, United States Navy.
    “ 2. When this duty is completed you will proceed to your home in the United States, and, upon your arrival at your home, your appointment as a paymaster’s clerk in the Navy is revoked.
    “ 3. You will proceed from Manila, P. I., to the west coast of the United States via Government conveyance, and you will request the commandant, naval station, Cavite, to obtain this transportation for you from Manila to the west coast of the United States, via an Army transport.
    “ 4. Upon your arrival in the United States you will comply with articles 241 and 242, United States Navy Regulations.
    “ 5. The necessary travel involved is required by the public interests.
    
      “ Very respectfully,
    “ G. B. Haeber,
    
      “ Rear Admiral, U. S. Navy,
    
    “ Commander of Third Squadron,
    “ United States Pacific Fleet.
    
    “ Paymaster’s Clerk P. H. CalokgNe, U. S. Navy,
    “ ü. S. S. ‘ Cleveland.’ (C. O.) ”
    II. The duty assigned by the foregoing order in connection with the settling of the accounts of Assistant Paymaster Francis J. Daly was completed on October 14, 1908, and shortly thereafter claimant took passage on a United States Army transport for the United States, arriving at San Francisco, Cal., on November 24, 1908, and at his home in New Orleans, La., December 1, 1908.
    Claimant was credited with pay on the rolls of the U. S. S. Cleveland to October 14, 1908, and subsequently on submitting his claim to the Treasury Department the auditor allowed him pay from October 15, to October 21, 1908, inclusive, and disallowed his claim for pay from October 22, 1908, to December 1,1908, for the reason that he was entitled to pay only to October 21, 1908, the date of the expiration of the period allowed by law for the settlement of accounts.
    Claimant has received no pay for the period from October 22, 1908, to December 1, 1908, inclusive, the latter being the date of his arrival at home. If entitled to such pay it should be at the rate of $1,625 per annum, amounting for said time to $180.56.
    CONCLUSION OE LAW.
    Upon the foregoing findings of fact the court decides, as a conclusion of law, that the claimant is entitled to judgment against the United States in the sum of one hundred and eighty dollars and fifty-six cents ($180.56).
    
      Messrs. King c& King for the plaintiff.
    
      Mr. B. W. Andrews, with whom was Mr. Assistant Attorney General Huston Thompson, for the defendants.
   Per Curiam :

It appears that the order to the claimant was to “ proceed to your home in the United States, and, upon your arrival at your home, your appointment as a paymaster’s clerk in the Navy is revoked.” Claimant did not arrive, at his home until December 1, 1908.

Upon the authority of the case of Davis v. United States, 47 C. Cls., 195, and cases there cited, judgment will therefore be entered for claimant in the sum of $180.56.  