
    David G. Mallory v. The United States.
    
      On the Proofs.
    
    
      The claimant is one of “ the police of the Capitol,” in the city of Washington, appointed ly the Commissioner of Public Buildings a.t a salary of $1,584 per annum. Congress allowed additional compensation to “civil officers and temporary and all other clerks and employés, male and female, in the office" of the Commissioner. The First Comptroller refuses the additional compensation to the claimant.
    
    The joint resolution of the 22d February, 1867, (14 Stat. L., p. 569,) which provides “that there shall he allowed and paid” to certain officials in the city of
    
      Washington, “ including civil officers and temporary and all other clerks and employes, male and female, in the office of the Commissioner of Public Buildings, ” “an additional compensation of 20 per centum on their respective salaries," extends to the “police of the CapitolThey being appointed by and being under the control of the Commissioner of Public Buildings, are “ civil officers” or “ employés” in his office within the ¡meaning of the joint resolution.
    Mr. B. B. FRENCH and Mr. J. Daniels for claimant:
    The petitioner claims that he is entitled, under the joint resolution of Congress “ giving additional compensation to certain employés in the civil service of the United States,” approved February 28, 1867, to the 20 per centum on his salary of $1,584 per annum, as fixed by law, inasmuch as said resolution provides that “ employés” in certain departments, and in “ the office of the Commissioner of Public Buildings,” shall he allowed “ an additional compensation of 20 per centum on their respective salaries, as fixed by law, for one year from and after the 30th day of June, 1866.”
    The said Mallory being one of the policemen in the Capitol, and by the terms of the law under which he was appointed an assistant of the Commissioner, was 'an employé in the office of the Commissioner of Public Buildings. Application was made to the First Comptroller for the 20 per centum, who decided that the petitioner was not entitled to it under the resolution.
    The police force of the Capitol was, at the date of that resolution, composed of one captain and one lieutenant and twenty-nine men, the’ pay of each man being $1,584 per annum. The petitioner was one.
    The law authorizing the appointment of the Capitol police, under the name of “ necessary assistants to the Commissioner,” is the 4th section of the act of May 2,1828, “ making appropriations for the public buildings, and for other purposes.” By that act the President of the Senate and the Speaker of tbe House of Representatives are authorized to fix the number of necessary assistants, to fix their pay, and to prescribe rules and regulations to be observed by the Commissioner of Public Buildings; one moiety of the sum required to he paid to suclio assistants to he paid out of the contingent fund of the Senate, and the other moiety out of the contingent fund of the House of Representatives, (4 Stat., p. 266.)
    Under this law the President of the Senate and the Speaker of the House, from time to time, prescribed rules and regulations for the government of the Commissioner.
    
      The first regulation in force from March 28, 1862, to the time at which the office of the Commissioner was abolished, contained the following provision, viz :
    “ All these persons (the police) to be appointed by the Commissioner of Public Buildings, and to be under his control.”
    Thomas J. Williams, esq., clerk in the office of the Commissioner ef Public Buildings, producing the register of appointments to office of persons by the Commissioner, swears that it appears by the register that David G. Mallory was appointed one of the police of the Capitol, and was in office up to March 2, 1867.
    Appropriations to pay the Capitol police have been regularly made by the Congress in the contingent funds of the two houses for years past; the last appropriation being in the contingent fund of the Senate, $25,500, (14 Stat., p. 441,) and in the contingent fund of the House of Bepresentatives, Ibid., page 442, $25,488, in which latter item the pay of each man is fixed at $1,584.
    The Assistant SOLICITOR for defendants.
   Peck, J.,

delivered the opinion of the court:

David G. Mallory represents that he is one of the persons generally known and designated as the police of the Capitol,” but who are by the laws authorizing their appointment designated as “ the assistants of the Commissioner of Public Buildings,” by which officer this claimant was appointed, whereby he became an employé in the office of said Commissioner. That his regular salary, as fixed by law, is $1,584 per annum, which has been regularly paid to him. Claimant insists that he is entitled to the benefit of the joint resolution of Congress, approved the 28th day of February, 1866, which allows 20 per centum as additional compensation to the persons therein referred to.

The police at the Capitol have been recognized by law as being among those who were in service under the Commissioner of Public Buildings. (Brightley’s Digest, vol. 1, p. 802 and 803.) An appropriation of 20 per centum as an additional compensation was made to the pay of the police at the Capitol by act of 22d April, 1854, 10th vol. Stat. at Large, p. 276.

Under regulations made by the presiding officers of the Senate and House of Bepresentatives, as authorized by law, the police were to be under the control of the Commissioner of Public Buildings. As we have construed the joint resolution of the 28th day of February, 1866, in the ease of James Stone, we think this claimant is fairly within its benefits. He is either an officer or employé, and in either case he is clearly within the purview of the resolution.

Judgment is ordered in favor of claimant for the sum of $225 6S.  