
    James Nokes v. The United States.
    
      On, the Proofs.
    
    
      The claimant is the public gardener at the city of Washington, appointed by the Commissioner of Public Buildings. The First Comptroller, nevertheless, refuses to him the additional compensation allowed to employés in the office of the Commissioner by the joint resolution of February 22, 1867.
    The construction given by this court to the joint resolution of February 22, 1867, (14 Stat. L., p. 569,) in the case of James Stone, (ante, p. 260,) is applicable to and governs the case of the public gardener at Washington, he being appointed by the Commissioner of Public Buildings.
    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 $1,440 per annum, as fixed bylaw, inasmuch as said resolution provides that “ employés ” in certain departments, and in “the office of the Commissioner of Publie Buildings,” shall be 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 Nokes, being public gardener, was an employé in the office ■of tlie Commissioner of Public Buildings. Application was made to the First Comptroller for the 20 per cent, who decided that the petitioner was not entitled to it under the resolution.
    The first law of Congress, authorizing the appointment of a public ■gardener, contained the act making appropriations for public buildings, and for other purposes, approved March 3, 1S31, and is in the words following, viz:
    “ For planting and improving the ground within the enclosure of Capitol Square, including gardener’s salary for 1830 and 1831, and pay of laborers, $3,000.” (4 Stat. L., p. 474.)
    This public gardener has been appointed by and under the control of the Commissioner of Public Buildings, and paid by him. The appropriation for the payment of the salary of the public gardener, from July 1, 1866, to June 30, 1867, is made in the following words: “ For compensation of the public gardener, $1,440.” (14 Stat. L., p. •456.)
    Thomas J. Williams, esq., clerk in the office of the Commissioner of Public Buildings, producing the register of appointments to office ■of persons by the Commissioner, swears that 'James Nokes was the public gardener from 1861 to March 2, 1867.
    He also swears that all the reservations, for the improvement of which Congress makes appropriations, are under the supervision of Mr. Nokes, as public gardener; that he receives his authority from the Commissioner; and that Mr. Nokes was in the office of the Commissioner every day for instructions.
    The Assistant Solicitor for defendants.
   Peck, J.,

delivered the opinion of the court:

James Nokes represents that he has been since 1S31 the public ■gardener of the United States, duly appointed by the Commissioner of Public Buildings, under an annual salary of $1,440, which has [been regularly paid to him by the said Commissioner. He seeks to be paid, in addition to his salary, the sum of 20 per cent, allowed by the joint resolution duly approved on the 28th day of February, 1867.

The same proofs are made in this record that are on file in the case ■of James Stone, and the ruling of the court in that case applies with equal reason to this, and we consider this claimant entitled to a judgment. It is, therefore, ordered that a judgment be entered in favor of James Nokes upon his petition for the sum of $181 13.  