Page. STATUTES-Continued. III.-Revenue statutes 331 IV. Arbitrament, special tribunals, award, reference... 337 341 344 X.-Non-intercourse and commercial-intercourse acts 377 DIGEST OF THE COURT OF CLAIMS REPORTS. NOTA BENE. I. The decisions of the Supreme Court in appealed cases follow those of the Court of Claims under each title and subdivision of a title. II. Where a decision of the Supreme Court is reported in both Wallace and the Court of Claims Reports, both are cited; and where only one citation is given, the decision is not elsewhere reported. III. Where a judgment of the Court of Claims has been reversed by the Supreme Court on some other point than the one determined in the Court below, the case is reported and the fact of reversal noted. ACCOUNTS, PUBLIC. DECISIONS OF THE COURT OF CLAIMS. 1. Under the Act 30th March, 1868, (15 Stat. L., p. 54,) and the Jet 3d March, 1817, (3 id., p. 366,) the head of an executive department cannot "change or modify the balances that may be certified to him by the Commissioner of Customs or the Comptroller of the Treasury," and "such balances, when stated by the Auditor and properly certified by the Comptroller," "shall be taken and considered as final and conclusive upon the executive branch of the Government,” but are, nevertheless," subject to revision" "by Congress or the proper courts." By the Act 25th June, 1868, (15 Stat. L., p. 76, § 7,) the Court of Claims is designated in effect as a proper court, and the revision may be instituted by the head of the executive department to which the balance is certified. Delaware Co.'s Case, vol. v, p. 55. ACCOUNTS-Continued. 2. The fiscal year of the Treasury is established by the Act 26th August, 1842, (5 Stat. L., p. 536, § 1,) and relates to "all matters of accounts, receipts, and expenditures." Bachelor's Case, vol. viii, p. 235. 3. Where a party presents his account, consisting of several distinct items, to the Treasury for payment, and the Treasury allows more than he is legally entitled to, but disallows items which in themselves are valid, the court cannot ignore the allowances erroneously made, and render judgment for the items erroneously disallowed. Spencer's Case, vol. x, p. 255. AGENCY. See LIABILITY OF GOVERNMENT, III, for cases where the Government, as such, is not bound like an ordinary principal by the acts of its agents. I.-GENERAL. II.-PUBLIC AGENTS. III.—PRIVATE AGENTS. 1.-GENERAL. DECISIONS OF THE COURT OF CLAIMS. 1. By the law of agency, at the common law, there is this difference between individuals and the Government: The former are liable to the extent of the power they have apparently given to their agents, while the Government is liable only to the extent of the power it has actually given to its officers. (Per LORING, J. See 2 C. Cls. R., p. 599.) [Affirmed by the Supreme Court, 7 C. Cls. R., p. 65; 7 Wallace R., p. 666.] Floyd Acceptance Cases, vol. i, p. 270. 2. An astronomer who assists contracting engineers in their survey and is paid with their money, but who was not appointed by them and cannot be discharged by them, and who is not responsible to them, is not their agent, but is the Government's. Jones & Brown's Case, vol. i, p. 353. 3. An action may be maintained against the Government by a principal in his own name, though the contract is in the name of his agent. And joining such an agent as party plaintiff, though he have no legal interest, will not defeat the action. [But see Gill's Case, post.] Ramsdell's Case, vol. ii, p. 503. 4. A receipt in full where but a part of the debt is paid gains nothing by being given by an agent under "a power coupled with an interest" and "irrevocable" in terms, even though the power expressly authorize the agent to settle and compromise. [But this is doubtful since the decisions of the Supreme Court on compromises. See Comstock's Case, (9 C. Cls. R., p. 141,) where the subject is reviewed.] Pratt's Case, vol. iii, p. 105. AGENCY, I-Continued. 5. Where the Government is purchasing implements which infringe a patentright and it is then agreed between the head of an executive department and the patentee that the former has not authority to purchase the patent, but that the latter shall allow the use of the invention in the Government service, so long as he, the patentee, shall see fit, and leave the purchase and remuneration exclusively to the will and action of Congress, it is simply the case of an agent who at the request of an inventor tries and uses an invention subject to the ratification of his principal. Congress not having ratified the transaction, no legal liability is incurred. Shavor's Case, vol. iv, p. 440. 6. A receipt in full given by an agent not authorized to adjust a disputed account does not preclude a contractor from seeking to recover any balance that may be due on his contract. Pate's Case, vol. iv, p. 523. 7 Where the defendants deal with one who is but an agent though acting in his own name, and concealing the fact that he represents a fraudulent contractor, they are not estopped from going behind the agent and settling with the principal, although the principal may be precluded from taking advantage of his concealed attempt to deal with the defendants. [The decision affirmed by the Supreme Court, 9 C. Cls. R., p. 98; 19 Wallace R., p. 13.] Stow's Case, vol. v, p. 362. Where a pilot, selected by the captain, is in charge of a vessel on pilotground, he is the employé of the captain, and not the agent of the Government, notwithstanding that the Government (being the charterer of the vessel) commissioned the pilot and employs him by the month for the pilotage of its transports. Flushing Ferry Co.'s Case, vol. vi, p. 1. 9. The rule of the law of agency adopted by this court in Ramsdell's Case, (ante,) that when a contract is made by an agent, the principal may maintain an action upon it in his own name, cannot be upheld since the Acts 2d June, 1862, and 17th July, 1862, (12 Stat. L., p. 411, 597,) which require public contracts to be signed by the contracting parties, and forbid their transfer. [But see Thompson's Case, post, as to contracts made during a military "emergency," which need not be in writing. The decision in this case, affirmed by the Supreme Court, (10C. Cls. R., p. 156,) without opinion.] Gill's Case, vol. vii, p. 522. 10. The revocation of a power of attorney can only be effected by notice to the agent. Notice to a third party, without notice to the agent, leaves the power in force. Weile's Case, vol. vii, p. 535. 11. Though a contract be made by an agent and though the name of the principal be not disclosed, nor even the fact that the agent is acting for another, nevertheless the principal may maintain an action in his own name, and may give parol evidence of his interest dehors the terms of the written contract, in cases where a quartermaster is authorized to buy in the open market without previous advertisement. Thompson's Case, vol. ix, p. 187. |