
    MURRAY’S CASE.
    (12 C. Cls. R., 703; 100 U. S. R., 536.)
    Thomas J. Murray, appellee, v. The United States, appellants.
    
      On the defendants' Appeal.
    
    
      On February 1, 1874, the Secretary of the Treasury gives a number of clerks leave of absence for five months without pay. This is done because the appropriation for their sala/ries has become exhausted. On June 23 Congress enact that olería discharged at the end of the fiscal year by reason of reductions made necessary by legislation shall receive two months’ pay. At the end of the fiscal year the Secretary notifies the clerks that their services terminated when the furlough was given.
    
    Tlie court below being equally divided upon, tlie question vlietlier the claimant should recover, and, if so, whether he should recover pay till the end of the fiscal year, or the pay for two months given hy the resolution 23d June, 1874, and the claimant having no right of appeal, judgment pro forma, for the purposes of an appeal, is rendered. The defendants appeal.
    The judgment pro forma of the court helow is reversed. The Supreme Court now holds : (1) That the head of an executive department may put a clerk upon furlough without pay at any time; (2) That the claimant’s discharge was not by reason of reductions made necessary by legislation.
   The Chief Justice

delivered tlie opinion of the Supreme Court, April 5, 1880.  