Le Crone v. Adoo, 304

• Decision Date: 01 June 1920
• Docket Number: No. 304,304
• Citation: 64 L.Ed. 869,40 S.Ct. 510,253 U.S. 217
• Parties: LE CRONE v. McADOO, Secretary of the Treasury
• Court: U.S. Supreme Court

253 U.S. 217

40 S.Ct. 510

64 L.Ed. 869

LE CRONE

v McADOO, Secretary of the Treasury.

No. 304.

Submitted April 26, 1920.

Decided June 1, 1920.

Mr. George N. Baxter, of Cincinnati, Ohio, for plaintiff in error.

Mr. Solicitor General King, for defendant in error.

Mr. Justice HOLMESdelivered the opinion of the Court.

This is a petition to the Supreme Court of the District of Columbia for mandamus to direct the Secretary of the Treasury to pay the amount of two certificates issued to the petitioner by the Secretary of State.The petitioner is receiver of the Orinoco Company, Limited.That Company had claims for damages against the United States of Venezuela, which, with others, by agreement between the two governments, the United States of America released upon receiving from the United States of Venezuela a certain sum in trust for the parties having the claims.By the Act of February 27, 1896, c. 34, 29 Stat. 32 (Comp. St. § 6668), moneys so received are to be paid into the Treasury and the Secretary of State is to 'determine the amounts due claimants, respectively, * * * and certify the same to the Secretary of the Treasury, who shall, upon the presentation of the certificates of the Secretary of State, pay the amounts so found to be due.'Each of such trust funds is declared to be 'appropriated for the payment to the ascertained beneficiaries thereof of the certificates' provided for.The answer alleged that there were pending in the same Supreme Court two bills in equity, one by a private person and one by the Orinoco Company, Limited, asserting claims to the fund, that the respondent and petitioner both are parties to those proceedings, the petitioner having submitted to the jurisdiction, and that the petitioner should be limited to those proceedings and await the result of the decrees.The petitioner demurred.The demurrer was overruled and the petition was dismissed by the Supreme Court and its judgment was affirmed by the Court of Appeals.

The theory of the answer seems to be that the purpose of the Act of Congress was to appopriate a fund to the claim and to transfer the claim to that fund, leaving the question of title open to litigation in the ordinary courts, as has been held in more or less similar cases.Butler v. Goreley, 146 U. S. 308, 309, 310, 13 Sup. Ct. 84, 36 L. Ed. 981;Id., 147 Mass. 8, 12, 16 N. E. 734;United States v. Dalcour, 203 U. S. 408, 422, 27 Sup. Ct. 58, 51 L. Ed. 248;Robertson v. Gordon, 226 U. S. 311, 317, 33 Sup. Ct. 105, 57 L. Ed. 236.See, also, Bayard v....