United States v. Weld

• Decision Date: 16 April 1888
• Citation: 32 L.Ed. 62,127 U.S. 51,8 S.Ct. 1000
• Parties: UNITED STATES v. WELD et al
• Court: U.S. Supreme Court

8 S.Ct. 1000

127 U.S. 51

32 L.Ed. 62

UNITED STATES v. WELD et al.

April 16, 1888.

Atty. Gen. Garland and Asst. Atty. Gen. Howard, for appellant.

S. Shellabarger and J. M. Wilson, for appellees.

LAMAR, J.

This is an appeal from the court of claims. The suit was brought in that court by the appellees, who were plaintiffs below, to recover from the United States the sum of $5,306.71, which sum they alleged was an unsatisfied part of a judgment recovered by them in the court of commissioners of Alabama claims that had been improperly and illegally withheld from them by the secretary of the treasury of the United States, and the accounting officers of that department. The petition was filed October 4, 1887, and sets forth that on the 24th of October, 1883, the appellees recovered a judg- ment in the court of commissioners of Alabama claims, including interest, for the sum of $346,982.46, the case in which the said judgment was rendered being one of the second class, of which the said court was given jurisciction by the act of congress approved June 5, 1882, (22 St. 98,) entitled 'An act re-establishing the court of commissioners of Alabama claims, and for the distribution of unappropriated moneys of the Geneva award;' that the aggregate amount of judgments of the second class rendered by said court under the said act of June 5, 1882, including interest, was $16,292,607.26, and of judgments of the first class, including interest, was $3,350,947.51; that under and in pursuance of the provisions of the act approved June 2, 1886, entitled 'An act to provide for closing up the business and paying the expenses of the court of commissioners of Alabama claims, and for other purposes,' after crediting to the amount of the said Geneva award fund named in section 5 of said act, to-wit, $10,089,004.96, the amounts authorized by said act, charging it with the amounts in said act directed and specified, and deducting from it the amon t of the judgments on claims of the first class, to-wit, $3,350,947.51, as aforesaid, there remained to satisfy pro rata the judgments on claims of the second class the sum of $5,988,663.82; that instead of distributing said last-named sum pro rata among the judgment creditors of the second class, as they were required to do under the said act of June 2, 1886, the secretary of the treasury and the accounting officers of his department wrongfully and in violation of said statute first deducted therefrom the sum of $249,168.48, which sum was claimed by them to be available under the act for the purpose of reimbursing the United States for the expenses of the tribunal of arbitration at Geneva, which expenditures had been already paid by the United States under and in pursuance of an act of congress approved December 21, 1871, entitled 'An act to make appropriations for expenses that may be incurred under articles 1 to 9, inclusive, of the said treaty between the United States and Great Britian, concluded at Washington, May 8, 1871,' (17 St. 24,) and only distributed among said judgment creditors the sum of $5,739,495.41; that by reason of such deduction the said claimants have been deprived of their proportionate share of the said sum of $249,168.41, to-wit, the sum of $5,306.71; and that no assignment or transfer of said claim, or any part thereof, or interest therein, has been made by claimants, and that they are justly entitled to the said sum of $5,306.71, after allowing all just credits and set-offs; for which said sum they demand judgment.

The answer of the United States consisted of a general denial of all the material allegations in claimant's petition; and, the case having been heard before the court of claims, the court, upon the evidence, found the facts to be substantially as follows: (1) October 24, 1883, the plaintiffs recovered judgment in the court of commissioners of Alabama claims for $229,637.63, together with interest, aggregating the sum of $346,982.46, such judgment being one of the second class named in the act of congress, entitled 'An act re-establishing the court of commissioners of Alabama claims, and for the distribution of the unappropriated moneys of the Geneva award, approved June 5, 1882,' (22 St.98,) and duly certified and transmitted to the secretary of the treasury, as provided by said act. (2) The aggregate amount of judgments of the second class rendered by said court, re-established by said act, including interest, was $16,292,607.26, and the aggregate amount of judgments of the first class, including interest, was $3,350,947.51. (3) The secretary of state, in pursuance of the provisions of the fourth section of the act of June 2, 1886, entitled 'An act to provide for closing up the business and paying the expenses of the court of commissioners of Alabama claims, and for other purposes,' (24 St.77,) found and estimated the value of the furniture named in said section to be $800, and the same was credited to the fund to be distributed under said act; and the secretary of state, with the assistance of the clerk of said court, under the provisions of said section 4 of said act, estimated the cost and expenses therein mentioned at $15,000, and the same was charged to said fund. (4) Under the provisions of section 4 of said act of 1886 the accounting officers of the treasury, for the purpose of making distribution of the balance of the Geneva award fund to the judgment creditors, as therein required, stated the account, allowing the proper credits, and charging the fund with the amounts directed and specified therein, including therein as chargeable to said fund, and deducting therefrom, the 'expenses of the tribunal of arbitration at Geneva,' ($249,168.41.) (5) The claimants were paid their proportion of said balance as so stated by the accounting officers, being 35.22760549 per cent. of their said judgment, but have received no part of that portion of said fund which was so retained to reimburse the expenses o the tribunal of arbitration at Geneva, $249,168.40. If said last-named sum is not legally chargeable to said fund, the claimants' proportion thereof would be $5,306.53, which the defendants have not paid, and which they refuse to pay....