United States v. Williams
| Decision Date | 02 January 1929 |
| Docket Number | No. 104,104 |
| Citation | 49 S.Ct. 97,73 L.Ed. 314,278 U.S. 255 |
| Parties | UNITED STATES v. WILLIAMS |
| Court | U.S. Supreme Court |
The Attorney General and Mr. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., for the United States.
Mr. Wm. Kaufman, of Pittsburgh, Pa., for respondent.
This is an action brought in the federal District Court for the Western District of Pennsylvania to recover upon an adjusted service certificate issued, through the Veterans' Bureau to respondent's husband, under the provisions of the Adjusted Compensation Act, 43 Stat. 121, c. 157, as amended by the Act of July 3, 1926, 44 Stat. 826, c. 751. Respondent's petition alleges the issue of the certificate, the death of the veteran, the interest of respondent as beneficiary, the filing of proof of her claim with the Director, and a failure and refusal of the Director to make payment after demand upon him. A demurrer to the petition was sustained by the District Court upon the ground that the case involved a pension claim, in respect of which the courts were expressly denied jurisdiction. The Circuit Court of Appeals held otherwise, and sustained the jurisdiction of the District Court on the ground that the certificate embodied an express obligation of the United States. Williams v. U. S., 23 F.(2d) 792. We do not find it necessary to determine whether this view or that of the District Court is correct, but dispose of the case upon a ground urged here by the government, but apparently, it is fair to say, not suggested to either court below.
The general administration of the Adjusted Compensation Act is committed to the Director of the Bureau. Under the terms of the original act, the certificate is to be issued by that officer upon certification from the Secretary of War or the Secretary of the Navy. Section 501 (38 USCA § 641). Application first must be made to the Secretary of War or the Secretary of the Navy, as the case may be, who is authorized to transmit the same, together with a certificate setting forth, among other things, the amount of the adjusted service credit. Sections 302(a), 303(a), as amended (38 USCA §§ 612, 613). From a consideration of the whole act it is clear that these officers must pass upon the facts which it is claimed justify the issue of such certificates. Section 310 of the amended act, hereafter quoted, makes it equally clear that their decisions upon these facts are final and conclusive. Section 502 authorizes a bank loan upon the security of an adjusted service certificate. If the loan be not paid at maturity, the note and certificate must be presented to the Director, who in his discretion may pay the claim and adjust the remaining balance with the veteran or his beneficiary. A fund is created in the Treasury of the United States and made available to the Director for payment of adjusted service certificates upon their maturity or the prior death of the veterans to whom issued, and for payments to banks on account of loans made under section 502 (38 USCA § 642) and sections 505-507 (...
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