GEORGE MURPHY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, a former supply officer of the 8th Infantry, Illinois National Guard, sought $9.32 in back pay for two days of service in May 1933. The court found the amount due but unpaid due to the lapse of the appropriation, and awarded the full amount.

Claim type: Lapsed Appropriation

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Headnotes

SALARY-member of Illinois National Guard-when award may be made for. Where it clearly appears that member of Illinois National Guard is entitled to salary and that before adjustment of his account was completed, appropriation out of which same could be paid had lapsed, an award for payment of amount due will be made.

Claimant, pro se. OTTO KERNER, Attorney General; GLENN A. TREVOR, Assistant Attorney General, for respondent.

MR. JUSTICE YANTIS delivered the opinion of the court:

Claimant George Murphy, of 649 East Marquette Road, Chicago, Illinois, was supply officer of the 8th Infantry, Illinois National Guard, and resigned effective May 2nd, 1933.

The usual procedure for withholding any pay due, until the property accountability is adjusted, was followed. Claimant was entitled to two days pay at the rate of $4.66 per day for the days of May 1st and 2nd, 1933. The adjustment of his account however was not completed until after the lapse of the appropriations on September 30, 1933. The record shows that there is due him the sum of $9.32 for the two days in question, and that the only reason for the non-payment thereof has been the lapsing of said appropriation. His claim was filed December 1st, 1936 for said amount, and under the showing made, an award is hereby entered in favor of claimant for said sum of $9.32.