« AnteriorContinuar »
IN COURT OF CLAIMS.
COURT OF CLAIMS.
$ 670. Organization of Court of Claims. The Judicial Code provides as follows: “The Court of Claims, established by the Act of February twenty-four, eighteen hundred and fifty-five, shall be continued. It shall consist of a chief justice and four judges, who shall be appointed by the President, by and with the advice and consent of the Senate, and hold their offices during good behavior. Each of them shall take an oath to support the Constitution of the United States, and to discharge faithfully the duties of his office. The Chief Justice shall be entitled to receive an annual salary of six thousand five hundred dollars and each of the other judges an annual salary of six thousand dollars, payable monthly, from the Treasury.1
“On the first day of every regular session of Congress the clerk of the Court of Claims shall transmit to Congress a full and complete statement of all the judgments rendered by the court during the previous year, stating the amounts thereof and the parties in whose favor they were rendered, together with a brief synopsis of the nature of the claims upon which they were rendered. At the end of every term of the court he shall transmit a copy of its decisions to the heads of Departments, to the Solicitor, the Comptroller, and the Auditors of the Treasury, to the Commissioner of the General Land Office
$ 670. 1 g 136, 36 St. at L. 1087, tice in the Court of Claims, by Judge re-enacting U. S. R. S., § 1049, in W. A. Richardson, was published in substance. An interesting article on 7 Southern Law Rev. (N. S.) 781, the History, Jurisdiction, and Prac- and reprinted in 17 Ct. of Cl. 1.
and of Indian Affairs, to the chiefs of bureaus, and to other officers charged with the adjustment of claims against the United States." 2
$ 671. Jurisdiction of Court of Claims. The Court of Claims shall have jurisdiction to hear and determine the following matters:
“First. All claims (except for pensions), founded upon the Constitution of the United States, or any law of Congress, 2
2 Ibid., § 143, re-enacting U. S. R. S., § 1057.
$ 671. 1 Supra $$ 96a, 96b, 96c, 96f. See Peabody v. U. S., 231 U.S. 530; Portsmouth Harbor Land & Hotel Co. v. U. S. 250; U. S. 1.
Supra, § 96f. Where Congress recognizes the validity of a claim, appropriates money therefrom and directs a public officer to examine and pay it, a suit upon such claim against the United States may be maintained in the Court of Claims. Huffman v. U. S., 17 Ct. Cl. 55. See U. S. v. Jordan, 113 l. S. 418, 28 L. ed. 1013; Nashville, C. & St. Ry. Co. v. U. S., 113 U. S. 261, 28 L. ed. 971; U. S. v. Kaufman, 96 l'. S. 567, 24 L. ed. 792. So where a statute provides for payment of a claim when it appears to the satisfaction of a Government officer that certain facts exist, and the latter finds the existence thereof, but denies payment because of an neous construction of the law. U.S. v. Loughlin, 249 U. S. 440, 39 Sup. Ct. 340, 63 L. ed. 696. be maintained against the United States upon an allowance made hy a Commissioner of Internal Revenue to a judgment creditor, under Section 3220 of the Revised Statutes, where the collector does not object and sets up no claim himself; Nixon v. U. S., 18 Ct. CI. 418; provided, the Commissioner has not exceeded
his jurisdiction in making the allowance, Seat v. U. S., 18 Ct. Cl. 458. A suit may be maintained to recover the amount of an award under a statute giving an informer a share of the penalty; Ramsay v. U. S., 21 Ct. Cl. 443; U. S. v. Ramsay, 120 U. S. 214, 30 L. ed. 582. A suit may be maintained to recover of the United States taxes and penalties similar to those in sections 3220 and 3228 of the Revised Statutes, when a claim has been in due time presented on appeal to and allowed by the Commissioner of Internal Revenue; U. S. v. Savings Bank, 104 U. S. 728, 26 L. ed. 908. See also U. S. v. Kaufman, 96 U. S. 567, 24 L. ed. 792. So may be a suit for a draw-back under the Act of August 5, 1861, chapter 45, section 4, after payment has been refused. Campbell v. U. S., 107 U. S. 407, 27 L. ed. 592; Portland Co. v. U. S., 5 Ct. Cl. 441. When the Commissioner of the Internal Reyenue has allowed a claim for the refund of a tax, and the accounting officer has disallowed the whole amount, the Court of Claims has jurisdiction of a suit to recover the
U. S. v. Kaufman, 96 l". S. 567, 24 L. ed. 792; U. S. v. Savings Bank 104 U S. 728, 26 L. ed. 908; Edison El. Ill. Co. v. U. S. 38 Ct. (1. 208. But see Medbury v. U. S. 173 U. S. 492, 43 L, ed. 779.
A suit may