THE COURT OF CLAIMS OF THE

UNITED STATES

CHARLES D. McCADDEN,

National University Law School '26.

In the last issue of this Review, I tried to find some interesting cases tried before the Court of Claims that were of present day value. In this issue, for the benefit of those who are unfamiliar with this Court and its jurisdiction, I will try to outline its work and duties as clearly and concisely as I can.

This court is the only court in the United States in which the United States may be sued by anyone having a legal claim against it. The court was established by an Act of Congress on Feb. 24, 1855. It consists of a chief justice and four judges, who are appointed by the President, by and with the advice and consent of the Senate, Mr. Chief Justice Edward K. Campbell, and Judges Fenton W. Booth, George E. Downey, James Hay, and Samuel J. Graham are judges of the present court. Any three of the judges may constitute a quorum and may hold court for the transaction of business. The concurrence of three judges shall be necessary to the decision of any case.

This court has jurisdiction over a great number of cases but I shall only discuss its jurisdiction over cases that would interest the great majority of students, leaving out those cases that have to do solely with the claims of paymasters, quartermasters, etc., against the United States. This court shall have jurisdiction to hear and determine the following matters:

All claims (except pensions), founded upon the Constitution of the United States or any law of Congress, upon any regulation of any Executive Department, upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party should be entitled to redress against the United States either in a court or law, equity, or admiralty if the United States were suable.

All set-offs, counterclaims, claims for damages whether liquidated or unliquidated, or other demands whatsoever

on the part of the Government of the United States against any claimant against the Government in said court.

Upon the trial of any cause in which any set-off, counterclaim, claim for damages or any other demand is set, on the part of the Government against any person making claim against the Government in this court, the court shall hear and determine such claim and 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 by law.

No person shall file or prosecute in the Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in 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.

Aliens who are citizens or subjects of any government which accords citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction.

The court shall have power to establish rules for its government and for the regulation of practice therein, and it may punish for contempt in the manner prescribed by the common law, may appoint commissioners, and may exercise such powers as are necessary to carry into effect the powers granted to it by law.

Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, statement, establishment, or allowance of any claim or of any part of any claim against the United States shall, ipso facto, forfeit the same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the Government, and that the claimant

be forever barred from prosecuting the same. No claim shall be allowed to any person who 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 any department or court, in support thereof.

When judgment is rendered against any claimant, the court may grant a new trial for any reason which, by the rules of common law or chancery in suits between private individuals, would furnish sufficient ground for granting a new trial.

Any final judgment against the claimant or any claim prosecuted, shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy.

The Attorney General or his assistants under his directions, 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, with the same power to interpose counter-claims, set-offs, defense 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.

No person shall be excluded as a witness in the Court of Claims on account of color, because he or she is a party to or interested in the cause or proceeding; and any plaintiff or party in interest may be examined as a witness on the part of the Government.

An appeal to the Supreme Court shall be allowed on behalf of the United States, from all judgments of the Court of Claims adverse to the United States, and behalf of the plaintiff in any case where the amount in controversy exceeds three thousand dollars. All appeals from this court shall be taken within ninety days after the judgment is rendered.

I shall close this article with a short summary of the famous Ward v. The United States case, of which you have no doubt read in the newspapers, and which was just recently decided by the Court of Claims in favor of the plaintiff. This case will be of especial interest to all government employees who have to travel and who have to eat on the journey. This was the case in which an employee

of the Government had to go to Alexandria and while there ate a meal which amounted to $1.50. Upon putting this item in his expense account it was ruled out by the Comptroller General. Mr. Ward decided to sue for this $1.50 to ascertain his rights, and the case is of great value because it sets a precedent to go by in future controversies. Here are the facts in the case:

Mr. Herbert S. Ward is an inspector in the Department of Agriculture, Washington, D. C. On Oct. 6, 1924, at about 11:00 A. M. he was directed by Alex. McAshley, chief inspector of the Department of Agriculture, to proceed to Alexandria, Va., and authorized Mr. Ward to incur necessary expenses for travel and subsistence. Mr. Ward left Washington at 11:15 A. M. and returned at 2 P. M. the same day. He incurred expenses for transportation, which were duly allowed and paid for by the department, and expense for $1.50 for subsistence in Alexandria, Va., which item was suspended by the department because of prior rulings by the Comptroller General.

The following is an excerpt from the statute covering this case: "Actual traveling expenses-Proper and legitimate actual traveling expenses are those usual and essential to the comfort of travelers, and, when authorized, may embrace any of the following items of expenditure, if actually incurred, provided that the reimbursement for subsistence expenses shall in no case exceed $5.00 a day.

"Subsistence will include the following expenses incurred when absent from official station:

"Meals In the absence of explanation of necessity the following table will govern the allowance of charges for meals taken enroute upon departure from or arrival at official station:

"Breakfast when departure is before or arrival is after 8:00 A. M.

"Dinner when departure is before or arrival is after 1:00 P. M.

Supper when departure is before or arrival is after 6:00 P. M."

The Comptroller General was advised by the Secretary of Agriculture that said expense of $1.50 was incurred under proper authorization and in accordance with departmental regulations. But the Comptroller General

nevertheless disallowed the claim, for the reason that the travel only involved 2 hours and 45 minutes absence from Washington.

The court found as a matter of law that the plaintiff was entitled to recover $1.50 from the United States.

Opinion of the court is as follows: "The applicable statute contemplates the allowance of such expenses as that herein sued for, and contains no prohibition within the scope of which this case falls.

"The Secretary of Agriculture, duly authorized, had promulgated regulations in aid of and not in contravention of the statute and having, therefore, the force of law, and the item of expense herein sued for was an authorized charge under the regulations.

"The plaintiff was traveling outside the District on official business, under competent orders, at such hour of the day as entitled him to subsistence expense under the regulations, and we find no applicable limitations based upon the duration of an absence from the District or the distance therefrom which one must travel to become entitled to subsistence.

"The expense of a meal might be saved to the Government by seeing to it that absence of this short duration be 'sandwiched' between meal hours, but that is purely an administrative matter, and it is hardly to be expected that Government business be regulated by such minor considerations.

It is not disputed that the plaintiff saw fit to eat during the hours of his absence from the District, which embraced a usual meal hour within the regulations, or that he ate at the expense claimed, and no reason appears why he should not be reimbursed accordingly." Judgment for the plaintiff in the amount of $1.50.