Lapas attēli
PDF
ePub

United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable, and of all set-offs, counterclaims, claims for damages, whether liquidated or

ceptances, 7 Wall., 666; Whiteside v. U. S., 93 U. S., 247.) Unless the Government has ratified a contract of an officer in excess of his authority, or received the benefit of it, it is not liable. The ratification of some of a series of unauthorized acts is not to be construed to be an approval of any not specified. (Pitcher v. U. S., 1 Ct. Cls., 7; De Celis v. U. S., 13 Ct. Cls., 117.)

Implied contracts.-To constitute an implied contract “there must have been some consideration moving to the United States; or they must have received the money, charged with a duty to pay it over; or the claimant must have had a lawful right to it when it was received, as in the case of money paid by mistake." (Knote v. U. S., 95 U. S., 149, 156.) A contract to reimburse is implied when the Government takes private property for public use. Such a taking of private property by the Government when the emergency of the public service in time of war, or impending public danger, is too urgent to admit of delay, is everywhere regarded as justified, if the necessity for the use of the property is imperative and immediate and the danger, as heretofore described, is impending; and it is equally clear that the taking of such property, under such circumstances, creates an obligation on the part of the Government to reimburse the owner to the full value of the service. Private rights, under such extreme and imperious circumstances, must give way, for the time, to the public good, but the Government must make full restitution for the sacrifice. (U. S. v. Russell, 13 Wall., 623, 629.) Beneficial volunteer service does not raise an implied contract, unless there has been an inducement, agreement, or ratification. (Boston t. The District of Columbia, 19 Ct. Cls., 31.) The court has jurisdiction of a suit by a patentee for the royalty agreed to be paid for the use of his invention by an authorized officer of the Government. (Burns v. U. S., 12 Wall., 246.)

A contract is implied from the fact that the Government manufactured a patented military device, without market value, on the solicitation of the patentee, that it should pay for the right to use the invention. (Palmer v. U. S., 128 U. S., 262.) The United States may be sued for use of a patented invention by its officers for its benefit if the right of the patentee is acknowledged. (Hollister v. Benedict Manufacturing Co., 113 U. S., 59; U. S. v. Burns, 12 Wall., 246.) When an officer of the Government is properly assigned to the work of devising something to be used in the public service, the Government meeting the expenses and paying the officer his usual salary, the Government is not liable for royalty on the invention, though it was made by the officer previous to the time he was assigned to the work, if the labor and expense of perfecting it was borne by the Government. (Solomons v. U. S., 22 Ct. Cls., 335; 21 id., 479.) The policy of the War Department of late years toward inventors has been one of neutrality, neither denying nor admitting legal rights, but taking inventions to perfect the Government arms, leaving inventors free to seek redress without prejudice before other tribunals than an Executive Department. (Berdan v. U. S., 26 Ct. Cls., 48, 60. See also Clyde v. U. S., 13 Wall., 38; U. S. v. Russell, 13 Wall., 623; U. S. v. Bostwick, 94 U. S., 53; Fichera's case, 9 Ct. Cls., 254; Macauley's case, 11 Ct. Cls., 693; Clark's case, 11 Ct. Cls., 698; Roman et al. v. U. S., 11 Ct. Cls., 761; Campbell's case, 13 Ct. Cls., 470.)

The right of set-off did not exist at common law, and is everywhere founded upon statutory regulation. (Tillou v. U. S., 1 Ct. Cls., 454; 2 id., 588, and U. S. v. Eckford, 6 Wall., 484.) State laws in such a case do not constitute the rule of decision, but the question arises, exclusively, under the act of Congress; and no local law nor usage can have any influence in its determination.

Reeside v. Walker, 11 How., 272, 290.)

(Id.;

Under this provision relief has been afforded to a paymaster who was attacked and robbed by highwaymen. (Broadhead v. U. S., 19 Ct. Cls., 125.) To a disbursing officer for loss by the failure of a national bank, which was a designated depository. (Hobbs v. U. S., 17 id., 189.) To a disbursing officer for money stolen from a safe. (Scott v. U. S., 18 id., 1; Clark v. U. S., 11 id., 698; Howell v. U. S., 7 id., 512.) To a quartermaster for money lost from his person, the money being carried in the way such officers usually carry it on similar occasions, under circumstances utterly free from suspicion and after diligent efforts

unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court.1 Par. 20, sec. 24, id.

279. Set-off, counterclaim, etc. - Upon the trial of any cause in which any set-off, counterclaim, claim for damages, or other demand is set up on the part of the Government against any person making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judgment, filed in the clerk's office of any district court, shall be entered upon the records thereof, and shall thereby become and be a judg

had been made to recover the same. (Whittlesey v. U. S., 5 id., 452.) To a quartermaster for money stolen from his room, due precaution for its safety having been taken. (Malone v. U. S., 5 id., 486; Norton v. U. S., 2 id., 523.) To a paymaster for money contained in a treasure box stolen by soldiers at a garrison. (Glenn v. U. S., 4 id., 501.) To an engineer officer for money captured by the enemy. (Prince v. U. S., 3 id., 209.) To a paymaster for funds and vouchers captured by the enemy. (Ruggles v. U. S., 2 id., 520; Moore v. U. S., id., 522; Beckwith v. U. S., id., 526; Hubbell v. U. S., id., 527.) To an acting commissary of subsistence for money expended, the expenditures being covered by vouchers captured by the enemy. (Murphy v. U. S., 3 id., 212.)

Relief has been denied to a paymaster for money embezzled by a clerk, the loss having been made good by the disbursing officer, under pressure, but without protest on his part. (Hall v. U. S., 9 Ct. Cls., 270.) In the case of a paymaster for funds stolen by an orderly detailed for messenger duty in his office. (Holman v. U. S., 11 id., 642.) To a collector of revenue, for the value of revenue stamps stolen from his office, during his absence therefrom, said col. lector not being a disbursing officer within the meaning of the statute. (Stapp v. U. S., 4 id., 219.) To an acting commissary of subsistence in Dakota, for money alleged to have been stolen, no testimony having been offered in the case but his own. (Pattee v. U. S., 3 id., 397.) In a case arising under this provision, the petitioner is a competent witness to prove the amount of money lost, if the loss itself be established by other testimony. (U. S. v. Clark, 96 U. S., 37; Hobbs v. U. S., 17 Ct. Cls., 189; Scott v. U. S., 18 id., 1; Broadhead v. U. S., 19 id., 125; Hoyle v. U. S., 21 id., 300.) An acting commissary of subsistence is entitled to relief under the provisions of this statute, and it is not necessary that the officer should have given a bond to entitle him to relief. (Wood v. U. S., 25 id., 98.) It was held by the Supreme Court in U. S. v. Smith (14 Ct. Cls., 114, and 105 U. S., 620) that the statute of limitation applied to cases arising under this section. (See also U. S. v. Clark, 96 U. S., 37; U. S. v. Anderson, 9 Wall., 56; Pugh v. U. S.. 13 Wall., 633; U. S. v. Kimball, 13 Wall., 636; U. S. v. Crussell, 14 Wall., 1; Slawson v. U. S., 16 Wall., 310.)

An act to codify, revise, and amend the laws relating to the judiciary was passed March 3, 1911, and took effect January 1, 1912. The title of the act is: The Judiciary, but it is generally referred to as The Judicial Code of the United States. Senate Document No. 1141, Sixty-second Congress, third session, recites the act in full and gives extensive modifications and remarks under each section. The act can best be briefly described by naming the headings of the 14 chapters. These are as follows: District Courts-organization; District Courts-jurisdiction; District Courts-removal of causes; District Courtsmiscellaneous provisions; District Courts-districts, and provisions applicable to particular States; Circuit Courts of Appeals; The Court of Claims; The Court of Customs Appeals; The Commerce Court; The Supreme Court; Provisions common to more than one court; Juries; General provisions; Repealing provisions.

ment of such court and be enforced as other judgments in such court are enforced. Sec. 146, id.

280. Decree in case of loss by a disbursing officer. Whenever the Court of Claims ascertains the facts of any loss by any paymaster, quartermaster, commissary of subsistence, or other disbursing officer, in the cases hereinbefore provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed as a credit in the settlement of his accounts. Sec. 147, id.

281. Restriction on cases which may be filed. No person shall file or prosecute in the Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in respect to which he or any assignee of his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of the United States. Sec. 154, id.

282. Time limit for filing claims. Every claim against the United States cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrues: Provided, That the claims of married women, first accrued during marriage, of persons under the age of twentyone years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. Sec. 156, id.

283. Form of petition. The claimant shall in all cases fully set forth in his petition the claim, the action thereon in Congress or by any of the departments, if such action has been had, what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested; that no assignment or transfer of said claim or of any part thereof or interest therein has been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets; that the claimant and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement

48985°-158

to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. The said petition shall be verified by the affidavit of the claimant, his agent or attorney. Sec. 159, id.

284. Court may call on department for information. The said court shall have power to call upon any of the departments for any information or papers it may deem necessary, and shall have the use of all recorded and printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. But the head of any department may refuse and omit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the public interest. Sec. 164, id.

285. Petition must show ground for relief. When it appears to the court in any case that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not authorize the taking of any testimony therein. Sec. 165, id.

286. Costs of taking evidence for claimant to be paid by him.When testimony is taken for the claimant, the fees of the commissioner before whom it is taken, and the cost of the commission and notice, shall be paid by such claimant; and when it is taken at the instance of the Government, such fees shall be paid out of the contingent fund provided for the Court of Claims, or other appropriation made by Congress for that purpose. Sec. 171, id.

287. Must be no intent to defraud the United States. No claim shall be allowed by the accounting officers under the provisions of the Act of Congress approved June sixteenth, eighteen hundred and seventy-four, or by the Court of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect of such claim, or presented any false evidence to Congress, or to any department or court, in support thereof. Sec. 173, id.

288. When court may grant a new trial. The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law. Sec. 175, id.

289. Losing party to pay cost of printing, etc. There shall be taxed against the losing party in each and every cause pending in the Court of Claims the cost of printing the record in such case, which shall be collected, except when the judgment is against the United States, by the clerk of said court and paid into the Treasury of the United States. Sec. 176, id.

290. No interest allowed before judgment.-No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest. Sec. 177, id.

291. Payment under judgment to be full discharge to United States. The payment of the amount due by any judgment of the Court of Claims, and of any interest thereon allowed by law, as provided by law, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. Sec. 178, id.

292. Final judgment to bar further demand. - Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy. Sec. 179, id.

293. Attorney-General to appear for the United States. The Attorney-General, or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in said court. Sec. 185, id.

294. Procedure where debtor to United States alleges no settlement within three years. Whenever any person shall present his petition to the Court of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer or agent or contractor so indebted, or that he or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States had arisen and exists, and that he or the person he represents has applied to the proper department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application, and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said department and to the Attorney General

« iepriekšējāTurpināt »