INDEX OF DECISIONS AND APPENDIX.*

A.

Page.

Accounting Officers.
DISABILITIES OF -:

Cannot decide on the necessity of appointing special deputy marshals
or on that of the number appointed. Reasons, discussion of sub-
ject, and illustrations...

184-188

Cannot revise the discretion given to other officers. Reason, and
illustrations of rule..

186-188

Will not generally take any final action on a claim presented to
them, on which suit is pending against the United States in the
Court of Claims.

DISCRETION OF -:

Reasons...

-220, 225-227

The extent to which they are bound by decisions of Court of Claims,
and discussion of subject......

DUTIES OF— :

Discussion of —

ESTOPPEL OF — :

The judicial common-law doctrine of res adjudicata and the so-called estoppel produced thereby, is a law for courts, and may be applied by them as to suitors therein. But beyond this it has no effect, except to estop accounting officers from denying the validity of a judgment of a court of claims unappealed from and for the payment of which Congress has made an appropriation... JURISDICTION OF -:

Shall decide what persons, as attorneys or clients, shall receive drafts
in settlement of a judgment of a commission...

POWERS OF—:

Discussion of

237-246

80

237

... 1, 13, 18

80

Have the same authority to examine a refunding claim and pass on
its legal merits as the Commissioner of Internal Revenue.......150, note.
In disallowing a chief supervisor's claim for compensation, they are
not subject to review by a circuit or district court of the United
States, or any judge thereof........

..84, 87, 88 80,81

May allow or disallow claims payable out of appropriations....
Reserve right to make special orders concerning who should receive
drafts in payment of judgment certified to the Treasury Depart-
ment by a commission......

1, 13, 14

Prepared by Frank E. Anderson, of the First Comptroller's Office. Proof read by Thomas Robinson and Frank E. Anderson.

Accounting Officers-Continued.
POWERS OF-Continued.

They have always maintained their right to exercise and ac tupon
their own judgment in allowing or disallowing claims. Even the
head of an executive department cannot control their judgment
in matters in which the law requires them to exercise that judg-
ment. Illustrations......

(See ACCOUNTS; COMPTROLLERS; EXECUTIVE OFFICERS; OFFICERS;
SECOND COMPTROLLER.)

Accounts.

Page.

241-243

ALLOWANCE OF -:

Usage as to

CERTIFYING -:

104, 105

Act.

Mode of-charged in part by act Feb. 22, 1875 (18 Stat., 333), which, to that extent, repeals Rev. Stat., sec. 846. How certified now.. SALARY-: (See VERIFICATION OF —, -, post.)

SETTLEMENT OF-:

Usual practice in cases such as that of the Central and South Amer-
ican Commissioners. Illustration...

VERIFICATION OF -:

84,88

257

Fees for verification of salary accounts of permanent officers are not
by usage paid by the United States. But contra, as to affidavits
verifying bills for traveling expenses....
.............105 and note, 106
Posmasters, post-office inspectors, and other agents of the Department

must verify salary and expense accounts at their own expense.. 107, note. (See CENTRAL AND SOUTH AMERICAN COMMISSIONERS, subtitle, Expenses of—, and see titles referring to particular officers, for accounts in which they are concerned. [e. g., CHIEF SUPERVISORS OF ELECTIONS, subtitle, accounts of -.])

CONSTITUTIONAL LIMITATION ON-:

The right to interest according to the terms of a contract, express or implied, is a vested right, which, under the Constitution, cannot be divested by a legislative act. But the act may change the rate of interest prescribed by a pre-existing statute on causes of action in tort given by statute, even though an action be pending thereon. General discussion ... 137, 142–146 Sept. 2, 1789, 1 Stat., 66, sec. 3, duties of the Comptroller........ 83, note. Sept. 24, 1789, 1 Stat., 92, sec. 35, parties may manage their own

cases; United States attorney, his
duties and compensation; Attorney-
General of United States, his duties
and compensation

Jan. 31, 1823, 3 Stat., 723, sec. 2, officers or agents of the United

July 5, 1838, 5 Stat., 258, sec.
Feb. 11, 1846, 9 Stat., 3, sec.

States to account quarter-yearly
16, enlistments and pay..

1, officers of the customs not allowed
more than pro rata compensation for
the time they may serve.....

May 13, 1846, 9 Stat., 11, increase or reduction of number of privates

in regiments......

Feb. 26, 1853, 10 Stat., 161, fees and costs allowed clerks, marshals,
and attorneys..........

Feb. 26, 1853, 10 Stat., 162, same as above ...
Feb. 26, 1853, 10 Stat., 166, sec. 3, same as above..

.42, 55, 60, 62, 64

46

Act-Continued.

Aug. 16, 1856, 11 Stat., 50, sec. 12, accounts for services when United
States are parties in interest merely
or when officers are sued, payment of.

March 2, 1861, 12 Stat., 218, suppression of slave trade .............
July 1, 1862, 12 Stat., 439, sec. 19, duties; collector to give notice that

they are due; 10 per cent. additional
for non-payment; collector to make
demand, and, on non-payment, to dis-
train and sell. Officer's duty in cases
of distraint. Return of goods, when.
Sale. Expenses and charges. What
exempt from distraint.

July 1, 1862, 12 Stat., 473, 474, income duty...
March 3, 1863, 12 Stat., 736, sec. 35, details to special service, how

made

March 3, 1863, 12 Stat., 741, sec. 11, district attorneys to have 2 per
cent. upon collections under revenue
laws, in full for costs and fees.....

March 12, 1863, 12 Stat., 820, captured and abandoned property.. 36, 37, 40, 42,

June 30, 1864, 13 Stat., 240, sec. 46, proceedings in States where laws
cannot now be executed..

June 30, 1864, 13 Stat., 312, sec. 19, marshals and clerks not to retain
more than maximum compensation..

52, note.

217

46

July 2, 1864, 13 Stat., 375, captured and abandoned property.. 36, 37, 40, 42,

March 3, 1865, 13 Stat., 469, internal revenue
July 24, 1866, 14 Stat., 221, sec. 2, aid in construction of telegraph
lines and Government use of them...
July 28, 1866, 14 Stat., 329, sec. 8, the protection given to revenue

May

52, nofe.

108

112

officers extends to persons acting by
direction of the Executive under the
laws for the collection of abandoned
property, &c......
37, 38, 40, 43, 44, 48
167, 175

31, 1870, 16 Stat., 140, elective franchise law
May 31, 1870, 16 Stat., 142, secs. 8, 9, 10, elective franchise law;

jurisdiction under-. Number of com-
missioners. Marshals and deputies.
Powers and duties of these officers... 165, 166

167

63

May 31, 1870, 16 Stat., 145, elective franchise law.....
June 22, 1870, 16 Stat., 162, sec. 5, Department of Justice; cases in the

urt of Claims and Supreme Court.

June 22, 1870, 16 Stat., 164, sec. 15, Department of Justice; supervis-

ory powers over accounts of d strict
attorneys, &c., to be exercised by At-
torney-General.

June 28, 1870, 16 Stat., 168, certain holidays established in the District
of Columbia..

July 12, 1870, 16 Stat., 251, sec. 2, unexpended balances of specific ap-

propriations for any year, how applied,
&c.....

May 31, 1870, 16 Stat., 254, naturalization laws amended; punishment

of crimes against the same

Act-Continued.

July 14, 1870, 16 Stat., 255, secs. 5, 6, election laws; afterwards re-
pealed by, act Feb. 28, 1871 (16 Stat.,
440, sec. 18).

Page.

167

Feb. 28, 1871, 16 Stat., 433, elective franchise law amended..167, 170, 171,175,

177

Feb.

28, 1871, 16 Stat., 434, sec. 2, elective franchise law. Supervisors
of elections...

175, 177, 181

Feb.

Feb.

181

28, 1871, 16 Stat., 435, sec. 7, elective franchise law. If the su-
pervisors are molested, what they
must do
28, 1871, 16 Stat., 436, sec. 8, elective franchise law. Marshal
and special deputies. Duties.....177, 178, 181
Feb. 28, 1871, 16 Stat., 440, sec. 18, elective franchise law. Repeal of
certain sections of previous laws....
June 10, 1872. 17 Stat., 347, appropriations for sundry civil expenses of
the Government......

167

167

June 10, 1872, 17 Stat., 348, appropriations for sundry civil expenses of
the Government. Judiciary...167, 168, 170, 177

June 10, 1872, 17 Stat., 349, same as the above....
Apr. 3, 1874, 18 Stat., 25, appropriations for fortifications and other
works of defense.......

June 20, 1874, 18 Stat., 101, appropriations for legislative, executive,

and judicial expenses..

June 20, 1874, 18 Stat., 109, sec. 3, appropriations for legislative, ex-

ecutive, and judicial expenses. Extra
compensation restricted, except as to

171, 179

30

65,78

district attorneys, when..36, 42, 55, 56, 57, 58,

60, 61, 62, 63, 64, 71

June 20, 1874, 18 Stat., 110, sec. 5, appropriations for legislative, ex-

ecutive, and judicial expenses. Unex-

pended balances, what done with..27, 28, and
note, 29, 30, 31, 32, 33, 34, 135
June 22, 1874, 18 Stat., 199, commission of engineers for Mississippi
River basin.....

June 23, 1874, 18 Stat., 204, appropriations for sundry civil expenses of
the Government

June 23, 1874, 18 Stat., 231, appropriations for Post-Office Department.
June 23, 1874, 18 Stat., 237, appropriations for public works on rivers
and harbors..........

June 23, 1874, 18 Stat., 245, Court of Alabama Claims

June 23, 1874, 18 Stat., 246, sec. 4, Court of Alabama Claims. Pay of
judges, clerk, short-hand reporter, and
office expenses

June 23, 1874, 18 Stat., 249, sec. 18, court of Alabama Claims. Reg-

ulation of counsel fees...........................

June 23, 1874, 18 Stat., 275, authorizing the Secretary of the Treasury
to suspend work on the public build-
ings...

Feb. 10, 1875, 18 Stat., 313, appropriations for fortifications and other

defenses....

Feb. 22, 1875, 18 Stat., 333, fees, costs, &c., regulated..... 22, 25, 42, 84, 88, 89,
102, 104, 157, 160, 173, 187

March 3, 1875, 18 Stat., 371, appropriations for sundry civil expenses..

30

Act-Continued.

March 3, 1875, 18 Stat., 401, sec. 8, appropriations for sundry civil ex-
penses. Actions against officers of
Congress....

March 3, 1875, 18 Stat., 456, appropriations for public works on rivers
and harbors...

.........

Page.

40

29

March 3, 1875, 18 Stat., 481, "the set-off act".
.83, 137, 146, 147, 148, 234
Aug. 2, 1876, 19 Stat., 123, completion of Washington Monument.... 130
Aug. 15, 1876, 19 Stat., 169, sec. 6, appropriations for legislative, ex-
ecutive, and judicial expenses. Pro-
hibition of requests for contributions
for political purposes..

Dec. 14, 1877, 20 Stat.,

Feb.

7, settlement of accounts of the United States
attorney for District of Columbia.....
28, 1878, 20 Stat., 25, sec. 2, silver-dollar coinage; international
conference.....

May 17, 1878, 20 Stat., 62, sec. 2, subletting mail-lettings without
consent, &c....

June 14, 1878, 20 Stat., 130, sec. 4, appropriations for deficiencies. Re-

port of balances carried to sinking
fund abolished. Accounts to be ex-
amined and settled...

June 19, 1878, 20 Stat., 167, general account of advances for naval ap-

propriations...

Jan. 31, 1879, 20 Stat., 277, holidays in the District of Columbia. (Rev.
Stat., D. C., sec. 993, amended) ....
June 27, 1879, 21 Stat., 54, Washington Monument; completion of

foundation.....

......

May 14, 1880, 21 Stat., 133, appropriations for the consular and dip-
lomatic service...

June 15, 1880, 21 Stat., 228, appropriations for legislative, executive,
and judicial expenses. In the office
of Chief of Engineers.....

June 16, 1880, 21 Stat., 260, appropriations for sundry civil expenses.
Fire-proof building, Washington...

March 3, 1881, 21 Stat., 455, appropriations for sundry civil expenses.

Dec.

Monetary commission....

20, 1881, 22 Stat., 1, legal holidays in District of Columbia.
(Rev. Stat., D. C., sec. 993, amended).
May 19, 1882, 22 Stat., 93, appropriations for fortifications and other

works of defense....

5, 1882, 22 Stat., 98, Court of Commissioners of Alabama

Claims; re-establishment of -

5, 1882, 22 Stat., 267, appropriations for deficiencies, &c. De-
ductions of expenses of sale of Osage
Indian lands.....

June

Aug.

213, 214

Aug.

Aug.
Aug. 7, 1882, 22 Stat., 302, appropriations for sundry civil expenses.
Aug. 7, 1882, 22 Stat., 336, appropriations for sundry civil expenses.
Fees of commissioners....
Aug. 7, 1882, 22 Stat., 339, appropriations for sundry civil expenses.

5, 1882, 22 Stat., 284, appropriations for the naval service .
5, 1882, 22 Stat., 287, appropriations for naval service. Pay of
officers, &c.........

135

132, 134

253

84,90

6 LAWR- -22

Commission to negotiate commercial
treaty with Mexico

253