Williams v. United States

• Citation: 53 S.Ct. 751,77 L.Ed. 1372,289 U.S. 553
• Decision Date: 29 May 1933
• Docket Number: No. 728,728
• Parties: WILLIAMS v. UNITED STATES
• Court: U.S. Supreme Court

289 U.S. 553

53 S.Ct. 751

77 L.Ed. 1372

WILLIAMS

v UNITED STATES.

No. 728.

Argued April 12, 1933.

Decided May 29, 1933.

[Syllabus from pages 553-555 intentionally omitted] Messrs. George A. King and George R. Shields, both of Washington, D.C., for plaintiff.

[Argument of Counsel from pages 555-559 intentionally omitted] The Attorney General and Mr.Thomas D. Thacher, Sol. Gen., of Washington, D.C., for the United States.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

Plaintiff is, and since November 11, 1929, has been, a judge of the Court of Claims of the United States. Since his entry upon the duties of his office, and until June 30, 1932, he received a salary at the rate of $12,500 per annum, as fixed by the Act of December 13, 1926, c. 6, § 1, 44 Stat. 919 (28 USCA § 241). Since that date he has been paid at the rate of $10,000 per annum under a ruling of the Comptroller General of the United States. Compare O'Donoghue v. United States, 289 U.S. 516, 53 S.Ct. 740, 77 L.Ed. -, decided this day.

The Legislative Appropriation Act of June 30, 1932 (chapter 314, 47 Stat. 382, 402) in part provides:

'Sec. 107. (a) During the fiscal year ending June 30, 1933—* * *

'(5) the salaries and retired pay of all judges (except judges whose compensation may not, under the Constitution, be diminished during their continuance in office), if such salaries or retired pay are at a rate exceeding $10,000 per annum, shall be at the rate of $10,000 per annum.' 5 USCA § 673 note.

The Comptroller General, as the basis for his ruling, took the view that the Court of Claims is a 'legislative' court, and not a 'constitutional' court created under article 3, § 1, of the Constitution, which provides:

'The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.'

On February 8, 1933, this suit was brought in the Court of Claims to recover the amount of the difference between the statutory rate of $12,500, and the smaller amount p id under the ruling of the Comptroller General. The suit was brought by plaintiff in the court of which he is a member, because, as it is averred, no other court or remedy was open to him. Plaintiff's petition rests upon the contention that the Court of Claims is a constitutional court, created in virtue of the power of Congress to constitute tribunals inferior to the Supreme Court, whose judges 'shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.' The government demurred to the petition, upon the ground that the judges of the Court of Claims are not judges of an 'inferior court' within the meaning of that constitutional provision. The Court of Claims, without passing upon the demurrer, certified to this court the following questions, upon which it desires instructions, under section 3(a) of the Act of February 13, 1925, c. 229, 43 Stat. 936, 939 (28 USCA § 288(a):

'I. Does Section 1, Article III, of the Constitution of the United States apply to the Court of Claims and forbid a reduction of the compensation of the Judges thereof during their continuance in office?

'II. Does the provision of Section 2, Article III, of the Constitution, wherein it is stated that 'The Judicial Power shall extend * * * to controversies to which the United States shall be a party', apply to the Court of Claims, and does this provision authorize the creation and establishment of that Court?

'III. Can the compensation of a Judge of the Court of Claims be lawfully diminished during his continuance in office?'

In the O'Donoghue Case, supra, we have discussed in some detail the purposes which led the framers of the Constitution to incorporate in that instrument the provisions in respect of the permanent tenure of office and the undiminishable character of the compensation of the judges; and have pointed out that the judges of the Supreme Court and Court of Appeals of the District of Columbia plainly come within the spirit and reason of the compensation provision, and must be held to fall within its intent, unless that conclusion is precluded by other considerations. Much of what is there said may also be said in respect of the Court of Claims. It is a court of great importance, dealing with claims against the United States, which, in the aggregate, amount to a vast sum every year. The questions which it considers call for the exercise of a high order of intelligence, learning, and ability. The preservation of its independence is a matter of public concern. The sole function of the court being to decide between the government and private suitors, a condition, on the part of the judges, of entire dependence upon the legislative pleasure for the tenure of their offices and for a continuance of adequate compensation during their service in office, to say the least, is not desirable.

But these considerations, though obvious enough, are not sufficient, standing alone, to support a conclusion that the Court of Claims comes within the reach of the judicial article in respect of tenure of office and compensation. The integrity of such a conclusion must rest, not upon its desirability, but upon its conformity with the provisions of the Constitution.

For reasons which are set out in the O'Donoghue opinion, the courts of the territories are legislative courts, while the superior courts of the District of Columbia are constitutional courts. The Court of Claims differs so essentially from both that its status, in respect of the question under consideration, must be determined from an entirely different point of view.

That court was first established by the Act of February 24, 1855, c. 122, 10 Stat. 612, entitled, 'An Act to establish a Court for the Investigation of Claims against the United States.' It was to consist of three judges, to hold their offices during good behavior. The act provided that the court should hear and determine certain claims against he government of the United States, and also all claims which might be referred to the court by either House of Congress. The court was to keep a record of its proceedings in each case and make a report to Congress for the action of that body. By the Act of March 3, 1863, c. 92, 12 Stat. 765, the court was for the first time authorized to render final judgments, from which an appeal was allowed in certain cases. Section 14 of that act (12 Stat. 768) provided 'That no money shall be paid out of the treasury for any claim passed upon by the court of claims till after an appropriation therefor shall be estimated for by the Secretary of the Treasury.'

Because of that provision, it was held in Gordon v. United States, 2 Wall. 561, 17 L.Ed. 921, that under the Constitution no appellate jurisdiction could be exercised by this court. The reasons for that conclusion are stated in an undelivered opinion written by Chief Justice Taney, and, with approval, published for the first time in 117 U.S. 698, 699. It was there stated that, in view of section 14, the power of the Court of Claims and of this court was merely to certify their opinion to the Secretary of the Treasury; and whether the claim was paid in accordance with the opinion depended not on the decision of either court, but upon the future action of the Secretary and of Congress. So far as the Court of Claims is concerned, it was said there is no objection to these provisions, since Congress undoubtedly may establish tribunals to examine testimony and decide in the first instance upon the validity and justice of any claim against the United States, subject to the supervision and control of Congress or the head of an executive department. Such authority was likened to that of an auditor or comptroller, and the circumstance that the tribunal was called a court and its decisions called judgments could not alter its character or enlarge its power. But in respect of this court different principles were said to apply, since this court is created by the Constitution and represents one of the three great divisions of power in the government, 'to each of which the Constitution has assigned its appropriate duties and powers, and made each independent of the other in performing its appropriate functions. The power conferred on this court is exclusively judicial, and it cannot be required or authorized to exercise any other.' The conclusion, therefore, was that Congress could neither confer nor impose on this court the authority or duty of hearing or determining an appeal from such a tribunal, nor authorize or require this court to express an opinion on a case where its judicial power could not be exercised and where its judgment would not be final and conclusive upon the rights of the parties.

These observations, without adverting to others which have been disavowed, have since met with the uniform approval of this court.

The decision of the Gordon Case in 2 Wallace was announced on March 10, 1865. At the next session of Congress section 14 was repealed. Chapter 19, 14 Stat. 9. Since that time it never has been doubted that Congress may authorize an appeal to this court from a final judgment or decree of the Court of Claims, United States v. Jones, 119 U.S. 477, 478, 479, 7 S.Ct. 283, 30 L.Ed. 440; In re Sanborn, 148 U.S. 222, 225, 13 S.Ct. 577, 37 L.Ed. 429; Luckenbach S.S. Co. v. United States, 272 U.S. 533, 536 et seq., 47 S.Ct. 186, 71 L.Ed. 394, or that the judgment of this court rendered on such appeal constitutes a final determination of the matter. United States v. O'Grady, 22 Wall. 641, 647, 22 L.Ed. 772. It is equally certain that the...