
    THE UNITED STATES v. JAMES D. GRAHAM.
    (18 C. Cls. R., 83; 110 U. S. R., 219.)
    
      On the defendants’ Appeal.
    
    The claimant, a naval officer, between August 10 and September 16, 1872, traveled, under orders of his superior officer, from Washington, via New York, Aspinwall, and the Isthmus of Panama, to Mare Island, in California. He claimed ten cents a mile as traveling expenses, under the Act March 3, 1835. He was paid, in accordance with the uniform practice of the department, only his actual traveling expenses for so much of the journey as was performed out of the United States. He brings his action for the difference between that amount and ten cents a mile.
    The court below decides—
    (1.) The Act 0/1835 (4 Stat. L., 755), whichjprovided that ten cents a mile , should be allowed to naval officers for traveling expenses while traveling under orders, made no distinction between traveling in or out of the country. That provision was not repealed by the Act of April 17, 1866 (14 Stat. L., 38), nor by the Act of Juhj 15, 1870 (16 Stat. L., 332), and was in force during the period of the claimant’s traveling in 1872.
    
      (2.) The rule which gives weight to contemporaneous construction put upon a statute by'those charged with its execution applies only in cases of ambiguity and doubt, and there being neither in the provisions'of the Act of 1835 relating to the travel pay of officers of the Navy, those officers were in 1872 entitled to ten cents a mile without as well as within the country, notwithstanding the long practice of the executive officers to the contrary.
    The judgment of the court below is affirmed on the same grounds.
   The Chief Justice

delivered the opinion of the Supreme Court, January 21, 1884.  