
    JENNIE McCarthy McMATH, ADMINISTRATRIX OF THOMAS McMATH, v. THE UNITED STATES.
    [51 C. Cls., 356; 248 U. S., 151.]
    Judgment was rendered in favor of the defendants in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:
    Revised Statutes, section 2621, authorizes collectors to employ, with the approval of the Secretary of the Treasury, weighers at the several ports, and does not prescribe their number; the act of July 26, 1866, chapter 269, section 3, 14 Stat., 289, fixes their salaries at $2,500; Revised Statutes, section 2634, authorizes the Secretary to fix the number and compensation of clerks to be employed by any collector. McMath received successive appointments as clerk “ to act as acting United States weigher,” at compensations less than $2,500 per annum, and took oath as such. Held, that the fact that he was assigned, and performed, the duties of weigher did not place him in that office and entitle him to its salary.
   Mr. Justice Brakdeis

delivered the opinion of the Supreme Court December 9, 1918.  