
    VICTORINO L. SALVADOR v. THE UNITED STATES
    [No. D-379.
    Decided April 4, 1927]
    
      On the Proofs
    
    
      Army pay; civilian clerk, Philippine Department. — A civilian clerk, native of the Philippine Islands, in the office of the department quartermaster, Philippine Department, whose compensation is adjustable by a board of officers appointed under authority of the Secretary of War, is not entitled to the bonus of $240 per annum provided by section 6, act of March 3, 1921, for civilian employees of the United States Government.
    
      The Reporter's statement of the case:
    
      Mr. George A. King for the plaintiff. King cfi King were on the brief.
    
      Mr. John G. Ewing, with whom was Mr. Assistant A ttor-ney General Herman J. Galloway, for the defendant.
    The court made special findings of fact, as follows:
    I. The plaintiff, Victorino L. Salvador, a native and citizen of the Philippine Islands, was at all times hereinafter stated a civilian clerk in the office of the department quartermaster, Philippine Department, Manila, P. I.
    He was originally appointed such clerk at a salary of $540 per annum October 22, 1909; was promoted to $180 per an-num December 1, 1919, with designation changed to typist July 1, 1922. He continued so to serve during the period covered by this claim.
    
      On and prior to June 30, 1921, he was in receipt of the additional compensation or bonus granted by the acts of March 3, 1917 (39 Stat. 1121), July 8, 1918 (40 Stat. 814), March 1, 1919 (40 Stat. 1267), and May 29, 1920 (41 Stat. 689), in addition to his regular salary. During the fiscal year from July 1, 1920, to June 30, 1921, he was certified as entitled thereto under the provisions of section 6 of the act of May 29, 1920 (41 Stat. 689).
    II. Under date of December 15, 1920, the Secretary of War approved the following recommendation:
    War Department,
    Washmgton, December 18, 19%0.
    
    From: The Quartermaster General of the Army, the Chief of Engineers, and the Chief of Ordnance.
    To: The Secretary of War.
    Subject: Authority to a board of officers to establish wage schedule of native employees in the Philippine Islands.' Authority is requested to authorize the Quartermaster General, the Chief of Engineers, and the Chief of Ordnance to designate or appoint officers stationed in the Philippine Department to act for their respective chiefs in the matter of approving wage schedules of native employees in the Philippine Islands.
    It has been customary to forward to Washington recommendations of the engineer officer, the quartermaster, and the commanding officer of the Manila Arsenal in order to secure approval of wage schedules. This has been entirely practicable in connection with activities of the three bureaus in so far as the activities are carried on within the continental limits of the United States and in so' far as the activities affect American-born 'workmen at the various establishments within the United States.
    It is desirable to avoid the necessary delay in forwarding to Washington for approval wage schedules which affect native employees hired by the respective bureaus in the Philippine Department. It is desirable to have these native employees rated, classified, and paid with substantial uniformity so that there should be no material difference among the employees of the three bureaus.
    It is recommended that a board of officers be authorized to function as and for the Quartermaster General, the Chief of Engineers, and the Chief of Ordnance, to the end that these officers, not less than three, designated by the chiefs of the three bureaus, may finally approve wage schedules affecting native employees hired in connection with the local activities of the three bureaus, the Quartermaster Corps, the Engineer Corps, and the Ordnance Department, such officers being commissioned officers detailed by their respective chiefs for duty in the Philippine Islands from time to time.
    Authority is requested for the establishment of such a board of officers, to the end that it will be unnecessary to forward to Washington for approval wage schedules affecting native employees, with the understanding that the Quartermaster General, the Chief of Engineers, or the Chief of Ordnance may at any time withdraw from the arrangement outlined above, and may resume the practices which have heretofore prevailed in the matter of wage-schedule approvals.
    Lansing H. Beach,
    
      Major General, Chief of Engineers.
    
    PI. L. Rogers,
    
      Quartermaster General.
    
    C. C. Williams,
    
      Major General, Chief of Ordnance.
    
    Approved.
    (Sgd.) Newton D. Baker,
    
      Secretary of War.
    
    December 15, 1920.
    Pursuant thereto Special Orders, No. 298, dated December 23, 1920, Headquarters Philippine Department, Manila. P. I., was issued in part as follows:
    
      “ 3. Pursuant to instructions contained in cablegram from the War Department, dated December 21, 1920, and by authority of the Secretary of War, a board of officers, to consist of Col. William S. Scott, Quartermaster Corps; district engineer officer in charge of defensive works; and commanding officer Manila Ordnance Depot, is appointed to meet in this city at the call of the senior member for the purpose of approving rates for native employees of the Engineer Corps, Ordnance Department, and Quartermaster Corps in the Philippine Islands.”
    June 13,1921, the board appointed by the preceding orders met and took proceedings as follows:
    “ The senior member called the attention of the board to the following new provision of law contained in section 6 of the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1922, approved March 3, 1921, with regard to increased compensation for civilian employees of the Government: ‘ The provisions of this section shall not apply to the following employees whose pay is adjustable from time to time through wage boards or similar authority to accord with the commercial rates paid locally for the same class of service,’ in view of which the board decided that the increased compensation could not legally be paid after July 1,1921, to those native employees whose wages were fixed by the wage board, and that it would be necessary to readjust the wages in order that the increased compensation heretofore paid might be considered as a part of their base pay, in the event that such base pay did not exceed that paid locally by commercial firms.
    “ 3. The board was of the opinion that the present rates of pay, including the increased compensation of native employees of the Engineer Corps, Ordnance Department, and Quartermaster Corps in the Philippine Islands do not exceed the commercial rates paid locally for the same class of service and agreed upon the following as the rates to govern for native employees commencing July 1, 1921: ”
    Here follows a list consisting of “ Boat employees,” “ Miscellaneous,” and “ Other native employees.” Under the last-named heading are the following titles:
    
      
    
    The report concludes:
    “4. It was agreed that, for the purpose of this wage board, the word ‘native’ is defined as embracing all Filipinos and mestizoes born and raised in the Philippine Islands and all Japanese and Chinese; also that nothing in these proceedings shall apply to classified native employees of the Engineer or Quartermaster Corps, as their rates of pay are fixed by the Secretary of War on recommendations of the Chief of Engineers or the Quartermaster General. In the Quartermaster Corps these rates are based on recommendations of the quartermaster, Philippine Department, and promotions are made in the order of merit as established by the last semiannual efficiency report, as contemplated by par. 196, vol. 1, Manual for the Quartermaster Corps, 1916.
    “ 5. The wages paid to native employees in each locality in the Philippine Islands by the Engineer Corps, Ordnance Department, and Quartermaster Corps must come witbin the minimum and maximum fixed by this wage board, but they-will not exceed the local prevailing rates paid to natives in the locality for the same class of services. Local representatives of the Engineer Corps, Ordnance Department, and Quartermaster Corps will cooperate with each other in order that the rates paid by each department are the same for the same class of work and experience.
    * & *
    “ W. S. Scott,
    
      “Colonel, Quartermaster Corps, Senior Member.
    
    
      “ F. A. Pope,
    
      “Lieutenant Colonel, Corps of Engineers, Member.
    
    “ A. F. Casad,
    
      “Major, Ordnance Department, Member.”
    III. Hie following circular letter was issued from the office of the Quartermaster General of the Army at the date staled:
    War Department,
    Oeeioe op the Quartermaster General,
    
      Washington, April 17, 1922.
    
    Circular Letter No. 42.
    Subject: Salaries and wages.
    In order that the same classification of employees under the terms “ salaries ” and “ wages ” is made by all quartermasters in the field, the following definition is submitted for the information of all concerned:
    “ Salaries ” will include supervisory, clerical and office force, messengers, janitors, attendants, etc., and will exclude .pay to wage employees.
    “Wages” will include all skilled and unskilled labor, such as mechanics, apprentices, teamsters, day laborers, and temporary mechanical help.
    By direction of the Quartermaster General.
    A. Owen Seaman,
    
      Lieutencmt Colonel, Q. M. C.,
    
    
      Assistant Executive Officer.
    
    IV. From and after July 1, 1921, plaintiff received during all the period covered by this claim the same basic salary of $180 a year that he had previously been receiving, but received no bonus or additional compensation under the acts of March 3, 1921, 41 Stat. 1252, 1308, June 29, 1922, 42 Stat. 712, and March 4, 1923, 42 Stat. 1557.
    
      On application, first, to tlie Secretary oí War and after-wards to the Comptroller General of the United States for payment of such bonus the same was disallowed on the ground that plaintiff’s salary having been fixed by a wage board within the provisions of all such acts he was excluded from the receipt of the additional compensation or bonus provided by those acts.
    V. The amount of the increased compensation or bonus for the three fiscal years ending, respectively, June 30, 1922, 1923, and 1924, at the rate of $240 a year is $720.
    The court decided that plaintiff was not entitled to recover.
   Moss. Judge,

delivered the opinion of the court:

Plaintiff, Victorino L. Salvador, a native of the Philippine Islands, was appointed to the position of civilian clerk in the office of the department quartermaster, Philippine Department, October 22, 1909, at a salary of $540 per annum. In December, 1919, his compensation was increased to $780 per annum, and still later his designation was changed to clerk-typist, and he has continuously thereafter served in that capacity. On and prior to June 30, 1921, plaintiff was in receipt of the extra compensation or bonus of $240 per annum in addition to his regular salary. On December 15, 1920, the Secretary of War approved a recommendation of the proper military officers in the Philippine Islands for the appointment of a joint wage board, with authority to establish a wage schedule for native employees in the Philippine Islands. Under the schedule as established by said board, the additional compensation or bonus of $240 per annum from and after July 1, 1921, was denied plaintiff, and the salary previously received by him was reduced by that amount. Section 6 of the act of March 3, 1921, providing the additional compensation for the fiscal year ending June 30, 1922, 41 Stat. 1308, 1309, being the first fiscal year here involved, omitting immaterial portions, is as follows:

“ That all civilian employees of the Governments of the United States and the District of Columbia who receive a total of compensation at the rate of $2,500 per annum or less, except as otherwise provided in this section, shall receive during the fiscal year ending June 30, 1922, additional compensation at the rate of $240 per annum:
“ The provisions of this section shall not apply to the following : * * * employees .whose pay is adjustable from time to time through wage boards or similar authority to accord with the commercial rates paid locally for the same class of service.”

Plaintiff comes clearly within the operation of the above provisions, and it seems unnecessary to review in detail the various contentions urged in his behalf.

It is therefore the judgment of the court that plaintiff’s petition be, and the same is hereby, dismissed. And it is so ordered.

Graham, Judge; Hat, Judge; Booth, Judge; and Campbell, Chief Justice, concur.  