Civil War, the claimant asserting the loyalty of any such person to the United States during such Civil War shall be required to prove affirmatively that such person did, during said Civil War, consistently adhere to the United States and did give no aid or comfort to persons engaged in said Confederate service in said Civil War. Sec. 161, act of Mar. 3, 1911 (36 Stat. 1139); 28 U. S. C. 267.

780. Calling on departments for information (Judicial Code, sec. 164).—The said court shall have power to call upon any of the departments for any information or papers it may deem necessary, and shall have the use of all recorded and printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. But the head of any department may refuse and omit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the public interest. Sec. 164, act of Mar. 3, 1911 (36 Stat. 1140); 28 U. S. C. 272.

Notes of Decisions

Where the Government has been requested | obtain or furnish it to the plaintiff, then to furnish certain information for use as evidence in the prosecution of a suit against it in the Court of Claims and the attorneys conducting the defense of the suit have obJected to the reception in evidence of such information, or have themselves declined to

such information can only be obtained by plaintiff after a motion duly brought before the Court and an order of the Court allowing or directing the giving of such information. (1921) 33 Op. Atty. Gen. 63.

781. Petition must show ground for relief (Judicial Code, sec. 165).-When it appears to the court in any case that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not authorize the taking of any testimony therein. Sec. 165, act of Mar. 3, 1911 (36 Stat. 1140); 28 U. S. C. 273.

782. Fraudulent claims (Judicial Code, sec. 173). No claim shall be allowed by the accounting officers under the provisions of the Act of Congress approved June sixteenth, eighteen hundred and seventy-four, or by the Court of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect of such claim, or presented any false evidence to Congress, or to any department or court, in support thereof. Sec. 173, act of Mar. 3, 1911 (36 Stat. 1141); 28 U. S. C. 280.

The provisions of sec. 2, act of June 16, 1874 (18 Stat. 75), mentioned in this section, relate to claims arising out of the Civil War, and as they are practically obsolete are not given in this work.

783. New trial on motion of United States (Judicial Code, sec. 175). The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law. Sec. 175, act of Mar. 3, 1911 (36 Stat. 1141); 28 U. S. C. 282.

784. Cost of printing record (Judicial Code, sec. 176).-There shall be taxed against the losing party in each and every cause pending in the Court of Claims the cost of printing the record in such case, which shall be collected, except when the judgment is against the United States, by the clerk of said court and paid into the Treasury of the United States. Sec. 176, act of Mar. 3, 1911 (36 Stat. 1141) ; 28 U. S. C. 283.

785. No interest allowed before judgment (Judicial Code, sec. 177).—(a) No interest shall be allowed on any claim up to the time of the rendition of judgment by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest, except as provided in subdivision (b). Sec. 177, act of Mar. 3, 1911 (36 Stat. 1141); sec. 1324 (b), act of Nov. 23, 1921 (42 Stat. 316); sec. 1020, act of June 2, 1924 (43 Stat. 346); sec. 1117, act of Feb. 26, 1926 (44 Stat. 119); 28 U. S. C. 284.

Subdivision (b), to which reference is made in the text, is omitted as concerning only refund of erroneous collections under the internal revenue laws.

Notes of Decisions

raneously with the taking. Jacobs et al. v. U. S. (1933), 290 U. S. 13, reversing (C. C. A., 1933) 63 F. (2d) 326.

This is not a claim for interest within the meaning of Jud. Code 177. Id.

In general. In a suit under the Tucker | full equivalent of that value paid contempoAct to recover just compensation for prop erty taken by the Government there may be claimed and allowed, in the form of interest, such addition to the value of the property at the time of the taking as will produce the 786. Payment of judgment (Judicial Code, sec. 178).-The payment of the amount due by any judgment of the Court of Claims, and of any interest thereon allowed by law, as provided by law, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. Sec. 178, act of Mar. 3, 1911 (36 Stat. 1141); 28 U. S. C. 285.

787. Final judgment to bar further demand (Judicial Code, sec. 179).—Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy. Sec. 179, act of Mar. 3, 1911 (36 Stat. 1141); 28 U. S. C. 286.

788. Ascertainment of amounts due United States from debtors (Judicial Code, sec. 180). Whenever any person shall present his petition to the Court of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer or agent or contractor so indebted, or that he or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States had arisen and exists, and that he or the person he represents has applied to the proper department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application, and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said department and to the Attorney General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attorney General shall represent the United States at the hearing of said cause. The court may postpone the same from time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found due by the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final judgment of said court; and unless suit shall be

brought within said time, such claim and the claim on the original indebtedness shall be forever barred. The provisions of section one hundred and sixty-six shall apply to cases under this section. Sec. 180, act of Mar. 3, 1911 (36 Stat. 1141); 28 U. S. C. 287.

Sec. 166 above referred to provides for the examination of claimant before commissioner and the action on failure to testify.

By 789, post, appeals from the Court of Claims to the Supreme Court of the United States are abolished and certiorari substituted.

789. Review by Supreme Court.-(a) That in any case in the Court of Claims, including those begun under section 180 of the Judicial Code, that court at any time may certify to the Supreme Court any definite and distinct questions of law concerning which instructions are desired for the proper disposition of the cause; and thereupon the Supreme Court may give appropriate instructions on the questions certified and transmit the same to the Court of Claims for its guidance in the further progress of the cause.

(b) In any case in the Court of Claims, including those begun under section 180 of the Judicial Code, it shall be competent for the Supreme Court, upon the petition of either party, whether Government or claimant, to require, by certiorari, that the cause, including the findings of fact and the judgment or decree, but omitting the evidence, be certified to it for review and determination with the same power and authority, and with like effect, as if the cause had been brought there by appeal.

(c) All judgments and decrees of the Court of Claims shall be subject to review by the Supreme Court as provided in this section and not otherwise. Sec. 3, act of Feb. 13, 1925 (43 Stat. 939); 28 U. S. C. 288.

790. Appearance by Attorney General for defense (Judicial Code, sec. 185).— The Attorney General, or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in said court. Sec. 185, act of Mar. 3, 1911 (36 Stat. 1142); 28 U. S. C. 291.

See note to 723, ante.

791. Reports by departments on pending cases.-In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any Department, or any Bureau, officer, or agent of a Department, or where the matter or thing on which the claim is based has been passed upon and decided by any Department, Bureau, or officer authorized to adjust it, the Attorney General shall transmit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the Attorney General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish the Attorney General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the

reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it.. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and transmitted in each case respectively. R. S. 188; 5 U. S. C. 91.

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