
    NELSON P. VULTE v. THE UNITED STATES.
    [47 C. Cls. R., 324 ; 233 U. S. R., 509.]
    
      On the defendants’ appeal.
    
    The act 30th June, 1902, declares that hereafter the pay of officers serving beyond the limits of the States and Territories contiguous thereto shall be increased, while so serving, 10 per centum. The only question in the case is whether subsequent appropriation acts change the pay of officers serving in Porto Rico and Hawaii.
    
      The court below decides:
    I. The right of officers of the Army to increased pay while serving beyond the limits of the United States proper is made clear and certain by the Act SOth June, 1902, 32 Stat. L., p. 512.
    II. The Act 12th June, 1906, 34 Stat. L., p. 247, appropriates a sum in gross for the additional pay of officers while serving beyond the limits of the States “excepting Porto Rico and Hawaii, as provided 6y act approved June SO, 1902,” and subsequent appropriation acts provide that “ the increase of pay for service beyond the limits of the States ” shall be as now provided by law. But there is no language in these subsequent acts which indicates an express intention to repeal the act 30th June, 1902.
    III.The legislation relating to the additional pay of officers and enlisted men serving beyond the limits of the States, when talfen as a whole, indicates no intention to discriminate between those serving in Porto Rico and Hawaii and those serving in other insular possessions of the United States.
    The decision of the court below is affirmed.
   Mr. Justice McKeNNA

delivered the opinion of the Supreme Court May 4, 1914.  