
    WILLIAM T. EWING v. THE UNITED STATES.
    [35 C. Cls. R., 374; 184 U. S. R., 140.]
    
      On the defendants’ Appeal.
    
    The claimant is a postmaster from July 1, 1866, to July 1,1870. He applies for a readjustment of his salary. November 19,1897, the Postmaster-General certifies and returns to this court a readjustment, with documents in relation to the action of the Department in this class of cases.
    The court below decides:
    1. Where a claim is made by statute to'depend upon the previous action of an executive officer no right vests until that officer has acted.
    2. A postmaster of the third, fourth, or fifth class whose salary has been readjusted pursuant to the principles laid down by Postmaster-General Gresham June 9, 1883, may recover on such adjustment.
    The decision of the court below is reversed on the ground that under the language of the act March J, 1883 (22 Stat. L., 487), which provides that readjustment of postmasters’ salaries was “to date from the beginning of the quarter succeeding that in which such sworn returns of receipts and businsss on quarterly returns were made,” the readjustment can not take effect in the same term foi which the sworn returns were reviewed, but is postponed to the beginning of the next quarter.
   Mr. Justice Peckham

delivered the opinion of the Supreme Court February 24, 1902.

Mr. Justice McKenna took no part in the decision of this case.  