Notes of Decisions

Construction in general. The object of the statute is to secure a speedy and final settlement of the Government's demands. Gerding v. U. S. (1891), 26 Ct. Cl. 319.

termine in favor of the claimant is that he owes nothing. Gerding v. U. S. (1893), 28 Ct. Cl. 531.

Pleadings. The petition must allege that there is or has been an indebtedness to the United States, and other facts disclosing jurisdiction. The allegation "that it has been claimed that the said W. V., under his said office, and upon his said accounts, is indebted to the United States," is not sufficient, if it is likewise alleged that the claimant never was indebted to the Government, and that the Government, in fact, was indebted to him. Gerding v. U. S. (1891), 26 Ct. Cl. 319.

Jurisdiction and power of court.-The court, on proper petition, may adjudicate and settle matters unadjusted in the department in which claimant does not demand a judgment or claim an indebtedness to him, but concedes that he is or has been indebted to the United States as an officer or agent. There can be no affirmative judgment in favor of the claimant. Gerding v. U. S. (1891), 26 Ct. Cl. 319. And the utmost that the court can de789. Review by Supreme Court.-(a) That in any case in the Court of Claims, including those begun under section 180 of the Judicial Code, that court at any time may certify to the Supreme Court any definite and distinct questions of law concerning which instructions are desired for the proper disposition of the cause; and thereupon the Supreme Court may give appropriate instructions on the questions certified and transmit the same to the Court of Claims for its guidance in the further progress of the cause.

(b) In any case in the Court of Claims, including those begun under section 180 of the Judicial Code, it shall be competent for the Supreme Court, upon the petition of either party, whether Government or claimant, to require, by certiorari, that the cause, including the findings of fact and the judgment or decree, but omitting the evidence, be certified to it for review and determination with the same power and authority, and with like effect, as if the cause had been brought there by appeal.

(c) All judgments and decrees of the Court of Claims shall be subject to review by the Supreme Court as provided in this section and not otherwise. Sec. 3 act of Feb. 13, 1925 (43 Stat. 939); U. S. C. 28: 288.

Notes of Decisions

Construction.-Under this section judgments of the Court of Claims entered after May 13, 1925, can be reviewed in Supreme Court only after a showing of merits. Sun Shipbuilding Co. v. U. S. (1926), 271 U. S.

96.

Right to appeal. The right of the Supreme Court to review decisions of Court of Claims is not guaranteed by the fifth amendment, but is subject to such restrictions as Congress may impose, there being no right to bring suits therein against United States, only so far as Congress has consented. Luckenbach S. S. Co. v. U. S. (1926), 272 U. S. 533, affirming (1924), 59 Ct. Cl. 628.

Powers of Treasury Department.-R. S. 236, post, 1665, does not give that department power to go behind or revise judgments of the Court of Claims, or operate to deny an appeal to the United States Supreme Court; the claims mentioned in 1665 referring to a different class from those passed on by the Court of Claims,

and R, S. 1089 making it the duty of the Secretary of the Treasury to pay judg ments of the Court of Claims, "on presentation of a copy of said judgment certified according to law." U. S. 1. Jones (1886), 119 U. S. 477.

Judgments reviewable.-The appeal allowed by this section extends only to judgments. Sanborn v. U. S. (1892), 27 Ct. CL. 485. An appeal lies on behalf of the Government from a judgment against it in the district court under act of Mar. 3, 1887 (24 Stat. 505), though the amount is only $25 and costs. U. S. v. Davis (1889), 131 U. S. 36. The findings of fact and conclusions of law which the court makes and transmits to a department on any "claims or matter" referred to it by such department with the claimant's consent, under this section, is advisory only, and is not a judgment subject to review in the Supreme Court. In re Sanborn (1893), 148 U. S. 222, affirming (1892), 27 Ct. Cl. 485. The right of appeal is the same right as is

given to aggrieved parties to appeal from the Court of Claims. Reid v. U. S. (1909), 211 C. S. 529. See In re U. S. (1873), 17 Wall. 439, 445, holding that act of Feb. 14, 1865, directing the court to examine into the claim of an individual, with power to fix and determine the amount of the damage sustained by the individual, makes the decision of the court final, and no appeal lies to the Supreme Court. And see also In re U. S. (1873), 17 Wall, 439, 443, holding that the act of 1863 granted an appeal. And see also (1803) 5 Op. Atty. Gen. 692, holding that the United States need not compensate parties neglecting to prosecute appeals.

The statute authorizing appeals from the Court of Claims relates to final judgments apon the whole case and not to an order sustaining a demurrer to a proposed counterclaim by the Government. Standard Steel Car Co. v. U. S. (1925), 61 Ct. Cl. 391. Finding by Court of Claims, in suit against the Government to recover cost of public liability insurance in connection with performance of cost-plus contract for construction of Army cantonment buildings, that there was no evidence that expenditure for such insurance was required or approved, is conclusive on Supreme Court. Fred T. Ley Co. v. U. S. (1927), 273 U. S. 386, affirming (1925) 60 Ct. Cl. 654.

The infringement of a patent is a question of fact, and the finding of Court of Claims of noninfringement by the United States was in the nature of a special verdict of a jury not reviewable by the Supreme Court. Stilz v. U. S. (1925), 269 U. S. 144, affirming judgment (1923), 59 Ct. Cl.

21.

Where evidence is not before the Supreme Court, findings of the Court of Claims mist be accepted. Jacob Reed's Sons v. U S. (1927), 273 U. S. 200, affirming (1925) 60 Ct. Cl. 97.

The Supreme Court can not reexamine question of fact decided by Court of Claims. Luckenbach S. S. Co. v. U. S. (1926), 272 U. S. 533, affirming (1924) 59 Ct. Cl. 628.

(1923) 59 Ct. Cl. 21; U. S. v. Swift & Co. (1926), 270 U. S. 124, modifying (1924) 59 Ct. Cl. 364.

The amount claimed in a petition in the Court of Claims is the amount in controversy for the purpose of testing the right to appeal to the Supreme Court, although there may be a defense to a part that does not extend to the entire claim, where there is nothing in the nature of the case to prevent a recovery of the entire amount should claimant's view of the law be sustained. Journal, etc., Co. v. U. S. (1921), 254 U. S. 581, affirming (1918) 53 Ct. Cl. 612.

The amount in controversy in a suit in the Court of Claims is to be determined, when testing the right to appeal to the Supreme Court, by the amended petition, where there is one, rather than by the original petition. Journal, etc., Co. v. U. S. (1921), 254 U. S. 581, affirming (1918), 53 Ct. Cl. 612.

Manner of obtaining review.-Judgments held reviewable by writ of error. Chase v. U. S. (1894), 155 U. S. 489.

Right to appeal.-Appeal from judgment in Court of Claims held properly allowed, as not being a nullity as premature, in that it was made pending disposition of motion for new trial and amended findings with intention to press it only if and when such motion was denied. Luckenbach S. S. Co. v. U. S. (1926), 272 U. S. 533, affirming (1924) 59 Ct. Cl. 628.

Remanding case for additional findings.A suit in which the recovery back of the amounts paid as bankers' special taxes, imposed under sec. 2, war revenue act of June 13, 1898 (30 Stat. 448), is sought on the ground that the taxes had been assessed and collected on plaintiff's capital, whereas in fact none of such capital had been used or employed in the banking business, will be remanded to the Court of Claims, on appeal from a judgment of dismissal, with directions to make additional findings of fact, where, on the facts found by the Court of Claims, the Supreme Court is unable to say either that no part of the capital was used in the banking business or that there was used at least as much thereof as was represented by the taxes assessed. Fidelity, etc., Co. v. U. S. (1922), 259 U. S. 296. See same case below (1920), 55 Ct. Cl. 535.

The determination of mixed question of fatt and law by the Court of Claims is not reviewable in the Supreme Court, unless the court can separate the questions to see whether there was mistake of law. Stilz . U. S. (1925), 269 U. S. 144, affirming 790. Appearance by Attorney General for defense (Judicial Code, sec. 185).— 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 thay 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, act of Mar. 3, 1911 (36 Stat. 1142); U. S. G. 28: 291.

791. Evidence furnished by departments. In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any Department, or any Bureau, officer, or agent of a Department, or where the matter or thing on which the claim is based has been passed upon and decided by any Department, Bureau, or officer authorized to adjust it, the Attorney General shall transmit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the Attorney General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish the Attorney General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and transmitted in each case respectively. R. S. 188; U. S. C. 5: 91.

CHAPTER 15

CRIMINAL CODE

Member of Congress not to be compensated

for any service in relation to a contract, etc., 842. (Criminal Code, sec. 113.) Member of Congress interested in a contract, 843. (Criminal Code, sec. 114.) Making official contract with Member of Congress, 844. (Criminal Code, sec. 115.) *

Contracts not affected, 845. (Criminal

Code, sec. 116.)

Accepting a bribe, 846. (Criminal Code, sec. 117.)

Political contributions:

Solicitation or receipt of, in Government service, 847. (Criminal Code, sec. 118.)

Solicitation or receipt of, on Government premises, 848. (Criminal Code, sec. 119.)

Political contributions-Continued.
Changing official status for making or
withholding of, 849. (Criminal Code,

sec. 120.)

Making of, in Government service, 850. (Criminal Code, sec. 121.)

Penalty, 851.

(Criminal Code, sec. 122.) Destroying public records, 852. (Criminal Code, sec. 128.)

Destruction of public records by the custodian, 853. (Criminal Code, sec. 129.) Transportation of high explosives, 854.

(Criminal Code, sec. 232.)

Jurisdiction of Federal courts over crimes,
855. (Criminal Code, sec. 272.)
Arson or injury to arsenals, etc., 856.
(Criminal Code, sec. 286.)

Laws of States adopted for punishing
wrongful acts, 857. (Criminal Code,
sec. 289.)

792. Use of armed forces; enterprises against foreign states (Criminal Code, sec. 14). The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. Sec. 14, act of Mar. 4, 1909 (35 Stat. 1090); U. S. C. 18: 26.

793. Departure and detention of foreign vessels (Criminal Code, sec. 15).—It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign vessel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart. Sec. 15, act of Mar. 4, 1909 (35 Stat. 1091), as amended by sec. 10, Title V, act of June 15, 1917 (40 Stat. 223); U. S. C. 18: 27.

794. Presence of troops at polls (Criminal Code, sec. 22).-Every officer of the Army or Navy, or other person in the civil, military, or naval service of the