
    CHARLES L. BENEDICT v. THE UNITED STATES.
    [34 C. Cls. R., 388; 176 U. S. R., 357.]
    
      On the claimant^ Appeal.
    
    The claimant retires as judge of the district court for the eastern district of New York and receives the pay of such judge. He claims in addition @1,800 yearly, which he had been receiving continuously for twenty years before retirement, for services in the circuit court for the southern district.
    The court below decides:
    1. The Revised Statutes, §714, provide that a retired judge “shall, during the residue of his natural life, receive the same salary which was by law payahle to him at the time of his resignation;’’ and that (§ 613) “the said judge of said eastern district shall receive the sum of §300’’ for every term held by him of the circuit court for the southern district of New York. This extra compensation for sitting in circuit court was uncertain and contingent, and does not enter into the amount of the judge’s retired pay.
    2. Salary implies certainty of amount and fixity of time. The amount of labor and responsibility have no relation to the receipt of salary.
    3. Where a statute provides that a salaried officer shall receive extra compensation for extra work, it does not become part of his salary. It is extra pay for extra work in fact performed.
   The decision of the court below is affirmed on the same grounds.

Mr. Justice Brown

delivered the opinion of the Supreme Court February 26, 1900.  