were dismissed on defendant's motion. There were also dismissed for nonprosecution 162 cases, wherein recoveries aggregating $928,707.20 were sought. Cases disposed of during the year- Amount claimed in cases disposed of.. Cases filed during the year__. Approximate amount claimed in them___ Number of cases now pending, exclusive of subnumbered petitions... 487 $7, 224, 815. 62 $390, 122.09 246 $20, 801, 969. 67 1, 831 DEPARTMENTAL CASES. Departmental cases involve questions referred by the heads of the various executive departments under authority of section 148 of the Judicial Code, wherein they desire opinions of the court for their information and guidance. Under this jurisdiction 18 cases were decided during the year, in 6 of which $87,098.52 was claimed and in 12 no amount was stated. In 3 of these cases, claiming $8,440, findings favorable to claimants were filed for $2,470, and in 1 case no amount was stated. Fourteen cases were dismissed, 11 for failure to prosecute. There are now pending 31 such cases. CONGRESSIONAL CASES. Congressional cases are before the court by reference of Congress under the acts of March 3, 1893, and March 3, 1887, commonly known as the Bowman and Tucker Acts, and authority of section 151 of the Judicial Code of March 3, 1911. In these cases the court does not render judgment, but makes findings which it reports to Congress. In addition to the large number of so-called Civil War claims, many others have been referred for findings where the claimants could not bring action by suing directly in the court. Under the act of March 3, 1911, there have been transmitted to the court since the last report 541 cases, which embrace 2,097 subnumbered claims, the aggregate amount claimed being $8,909,883.92. During the year the court disposed of 1,112 cases, involving a total of $13,209,873.12. In 68 cases, claiming $1,038,757.40, findings favorable to the United States were filed by the court. In 55 cases, claiming $749,237.86, findings for claimants were entered in the sum of $342,904.99. There were dismissed for failure to prosecute 989 cases of this character, the amounts claimed in those wherein petitions had been. filed aggregating $11,421,877.86. 23871°-Ab. 1915-vol 1-39 There are now pending 766 congressional cases, exclusive of subnumbered claims. Cases disposed of during the year-- Amount claimed in cases disposed of__ Amount recovered by claimants__- Cases filed during the year, exclusive of subnumbers_-_ 1, 112 $13, 209, 873. 12 $342, 904. 99 541 $8, 909, 883. 92 766 On March 4, 1915, Congress passed the omnibus claims bill (38 Stat., 996), section 5 of which reads: SEC. 5. That from and after the passage and approval of this act the jurisdiction of the Court of Claims shall not extend to or include any claim against the United States based upon or growing out of the destruction of any property or damage done to any property by the military or naval forces of the United States during the war for the suppression of the rebellion; nor to any claim for stores and supplies taken by or furnished to or for the use of the military or naval forces of the United States, nor to any claim for the value of any use and occupation of any real estate by the military or naval forces of the United States during said war; nor shall said Court of Claims have jursidiction of any claim which is now barred by the provisions of any law of the United States. Thereafter several cases were selected by the Government as typical of a large number of cases before the court by reference of Congress, and motions to dismiss were filed on the ground that this provision deprived the court of jurisdiction over them. Some of these motions have been sustained by the court. Under authority of these decisions and the general provision of the statute, a motion will be made to dismiss all cases heretofore referred to the court by the Senate and House of Representatives of the United States, and it is expected that about 75 per cent of all the so-called congressional cases now on the docket will be dismissed. This percentage is largely made up of Civil War claims. INDIAN DEPREDATION CASES. Indian depredation cases are those brought under the jurisdictional act of March 3, 1891 (26 Stat., 851), in which claims are made for property of citizens of the United States taken or destroyed by Indians belonging to any band, tribe, or nation in amity with the United States. On January 11, 1915, Congress amended the act of March 3, 1891, and enlarged the jurisdiction of the Court of Claims so as to include also "claims for property of inhabitants of the United States taken or destroyed by Indians belonging to any tribe in amity with the United States." Prior to this amendatory act the jurisdiction of the court was limited to "claims for property of citizens of the United States." The act also provides for the reinstatement of "all cases * which have been dismissed by the court for want of proof of the citizenship of the claimant." Approximately 500 cases will fall under the provisions of this act, 218 of which were reinstated during the year. By reason of the reinstatement of cases, there has been renewed activity in the field work on behalf of claimants, and it is more than probable that the taking of testimony can not be completed during the coming year. There have been 215 cases, aggregating in amount claimed $1,116,526.52, disposed of during the year, of which number the claimants received judgments in 59 cases and the defendants in 156. In addition to the cases reinstated under the act of January 11, 1915, there have been 10 cases reinstated for other reasons, making total reinstatements of 228 cases, claiming $182,435.55. Under the act of January 20, 1885 (23 Stat., 203), jurisdiction was conferred upon the Court of Claims to hear and report to Congress its findings and conclusions in the claims of such citizens of the United States, or their legal representatives, as had valid claims to indemnity from the French Government arising out of illegal captures, detentions, seizures, condemnations, and confiscations prior to the ratification of the convention between the United States and the French Government concluded on the 30th day of September, 1800. Since the passage of the act there have been 6,479 cases relating to 2,309 vessels disposed of, which terminates the cases filed in the court under said French spoliation act. Total number of cases disposed of under this jurisdiction___ In favor of the United States_. In favor of claimants___ Aggregate amount found for claimants_ There has been certified to Congress.. Leaving uncertified at the date of this report_. Unappropriated---- 6, 479 4, 626 1, 853 $7, 149, 306. 10 $6,847, 761. 02 $301, 545. 08 $3,950, 452. 26 $2,897, 308. 76 The amount involved in French spoliation cases wherein the Government prevailed can not be ascertained, because few petitions state any specific amount. The amounts found by the court in favor of claimants were determined from the evidence presented in the respective cases. (B) CASES IN DISTRICT COURTS INVOLVING CLAIMS. This bureau is charged with the general supervision of the defense of suits brought against the Government in the various district courts of the United States under the act entitled "An act to provide for the bringing of suits against the Government of the United States" (1 Supp. R. S., 559), as amended by the Judicial Code of March 3, 1911 (36 Stat., 1087). During the year 9 suits were brought in the district courts throughout the United States, involving in the aggregate the sum of $48,713.37. Under this jurisdiction 9 cases went to judgment during the fiscal year. In satisfaction of 1 of these, Congress at its last session appropriated the sum of $435.20, and for judgments rendered in prior years the sum of $828.26. Three cases have been dismissed, 1 stands on error to the Supreme Court, and 1 on appeal to the Circuit Court of Appeals. Since the jurisdiction was created, 1,660 suits have been brought against the Government, of which 137 are now pending in the district courts. (c) APPEALS TO THE SUPREME COURT FROM THE COURT OF CLAIMS. During the past year 8 cases appealed from the Court of Claims were presented in the Supreme Court. Of this number 7 were appealed by claimants and 1 by the United States. Of the 7 appeals by claimants 3 were decided in favor of the Government; 1 against it; in 1 case three questions were presented, two of which were decided in favor of the United States, and 2 cases were remanded for further argument. In the one case appealed by the Government the decision of the lower court was sustained. There are now pending in the Supreme Court 29 cases appealed from the Court of Claims. Twenty-one of these are appeals by the claimants in the court below, 6 by the United States, 1 cross appeal by claimant, and 1 cross appeal by the Government. 2. CUSTOMS CASES. The report of the Assistant Attorney General in charge of customs may be summarized as follows: The following table shows numerically in parallel columns the volume of litigation during the year in the Court of Customs Appeals, as compared with others, since the establishment of that court: The above table presents the appellate work of the division; all appeals are from decisions of the Board of General Appraisers, which is the tribunal of first instance. A summary of the work there is appended, together with statistics of previous years since 1910. 3. BUSINESS TRANSACTED IN THE UNITED STATES DISTRICT COURTS. Detailed statistics by districts will be given in the accompanying exhibits. NUMBER OF CASES COMMENCED DURING THE YEAR. Civil cases to which the United States was a party- 3,578 19, 868 Admiralty cases-- 2, 065 Other suits to which the United States was not a party. 9, 625 27, 632 Total 62, 768 COLLECTIONS, JUDGMENTS, FINES, ETC. $1, 150, 975. 58 433, 988. 94 Collected by the United States in civil matters and cases_. Total collected by the United States‒‒‒‒‒ 1, 584, 964. 52 |